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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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When did the Northern Pacific Railroad reach Montana from the west?
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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When did the Northern Pacific Railroad reach Montana from the east?
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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What year was the Great White Sioux War?
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"text": [
"1876"
],
"answer_start": [
9900
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}
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573425f84776f4190066196d
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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When was the transcontinental National Pacific Railroad finished?
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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When was the first constitutional convention held in Montana?
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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Why was this constitutional convention held?
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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When was the second constitutional convention held?
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573426e6d058e614000b6a20
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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What year did the Homestead Act provide land to settlers?
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"1862"
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11662
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573426e6d058e614000b6a21
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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How much land did the Homestead Act allow?
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"160 acres"
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"answer_start": [
11729
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573426e6d058e614000b6a22
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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What year was the first homestead claim claimed?
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"1868"
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12052
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57342785d058e614000b6a2e
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Montana
|
Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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When was the Desert Land Act passed?
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"1877"
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57342785d058e614000b6a2f
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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How much land did the Desert Land Act allot?
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"640 acres"
],
"answer_start": [
12409
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57342785d058e614000b6a30
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Montana
|
Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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How much was the charge per acre at first?
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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Who promoted settlement in Montana in the early 1900s
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
|
In what year was the Reclamation Act passed?
|
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"text": [
"1902"
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"answer_start": [
13165
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}
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57342802d058e614000b6a42
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Montana
|
Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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What year was the Enlarged Homestead Act passed?
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"1909"
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13283
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57342802d058e614000b6a43
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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How much land was alloted in the new Enlarged Homestead Act?
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{
"text": [
"320 acres"
],
"answer_start": [
13382
]
}
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5734288c4776f419006619c1
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
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How many of the 200 arrested in the Montana Act were convicted?
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5734296dd058e614000b6a6e
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Montana
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Montana ( (listen)) is a state in the Mountain West subregion of the Western United States. It is bordered by Idaho to the west; North Dakota and South Dakota to the east; Wyoming to the south; and by the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the seventh-least populous state, and the third-least densely populated state. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. In all, 77 named ranges are part of the Rocky Mountains.
Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and "The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health care, service, and government sectors are also significant to the state's economy. Montana's fastest-growing sector is tourism; nearly 13 million annual tourists visit Glacier National Park, Yellowstone National Park, Beartooth Highway, Flathead Lake, Big Sky Resort, and other attractions.
== Etymology ==
The name Montana comes from the Spanish word montaña, which in turn comes from the Latin word montanea, meaning "mountain" or more broadly "mountainous country". Montaña del Norte was the name given by early Spanish explorers to the entire mountainous region of the west. The name Montana was added in 1863 to a bill by the United States House Committee on Territories (chaired at the time by James Ashley of Ohio) for the territory that would become Idaho Territory.The name was changed by representatives Henry Wilson (Massachusetts) and Benjamin F. Harding (Oregon), who complained Montana had "no meaning". When Ashley presented a bill to establish a temporary government in 1864 for a new territory to be carved out of Idaho, he again chose Montana Territory. This time, Rep. Samuel Cox, also of Ohio, objected to the name. Cox complained the name was a misnomer given most of the territory was not mountainous and a Native American name would be more appropriate than a Spanish one. Other names such as Shoshone were suggested, but the Committee on Territories decided that they had discretion to choose the name, so the original name of Montana was adopted.
== History ==
Various indigenous peoples lived in the territory of the present-day state of Montana for thousands of years. Historic tribes encountered by Europeans and settlers from the United States included the Crow in the south-central area, the Cheyenne in the southeast, the Blackfeet, Assiniboine, and Gros Ventres in the central and north-central area, and the Kootenai and Salish in the west. The smaller Pend d'Oreille and Kalispel tribes lived near Flathead Lake and the western mountains, respectively. A part of southeastern Montana was used as a corridor between the Crows and the related Hidatsas in North Dakota.As part of the Missouri River watershed, all of the land in Montana east of the Continental Divide was part of the Louisiana Purchase in 1803. Subsequent to and particularly in the decades following the Lewis and Clark Expedition, European, Canadian and American traders operated a fur trade, trading with indigenous peoples, in both eastern and western portions of what would become Montana. Though the increased interaction between fur traders and indigenous peoples frequently proved to be a profitable partnership, conflicts broke out when indigenous interests were threatened, such as the conflict between American trappers and the Blackfeet. Indigenous peoples in the region were also decimated by diseases introduced by fur traders to which they had no immunity. The trading post Fort Raymond (1807–1811) was constructed in Crow Indian country in 1807. Until the Oregon Treaty of 1846, land west of the continental divide was disputed between the British and U.S. governments and was known as the Oregon Country. The first permanent settlement by Euro-Americans in what today is Montana was St. Mary's, established in 1841 near present-day Stevensville. In 1847, Fort Benton was built as the uppermost fur-trading post on the Missouri River. In the 1850s, settlers began moving into the Beaverhead and Big Hole valleys from the Oregon Trail and into the Clark's Fork valley.The first gold discovered in Montana was at Gold Creek near present-day Garrison in 1852. Gold rushes to the region commenced in earnest starting in 1862. A series of major mineral discoveries in the western part of the state found gold, silver, copper, lead, and coal (and later oil) which attracted tens of thousands of miners to the area. The richest of all gold placer diggings was discovered at Alder Gulch, where the town of Virginia City was established. Other rich placer deposits were found at Last Chance Gulch, where the city of Helena now stands, Confederate Gulch, Silver Bow, Emigrant Gulch, and Cooke City. Gold output between 1862 and 1876 reached $144 million, after which silver became even more important. The largest mining operations were at Butte, with important silver deposits and expansive copper deposits.
=== Montana territory ===
Before the creation of Montana Territory (1864–1889), areas within present-day Montana were part of the Oregon Territory (1848–1859), Washington Territory (1853–1863), Idaho Territory (1863–1864), and Dakota Territory (1861–1864). Montana Territory became one of the territories of the United States on May 26, 1864. The first territorial capital was located at Bannack. Sidney Edgerton served as the first territorial governor. The capital moved to Virginia City in 1865 and to Helena in 1875. In 1870, the non-Indian population of the Montana Territory was 20,595. The Montana Historical Society, founded on February 2, 1865, in Virginia City, is the oldest such institution west of the Mississippi (excluding Louisiana). In 1869 and 1870 respectively, the Cook–Folsom–Peterson and the Washburn–Langford–Doane Expeditions were launched from Helena into the Upper Yellowstone region. The extraordinary discoveries and reports from these expeditions led to the creation of Yellowstone National Park in 1872.
=== Conflicts ===
As settlers began populating Montana from the 1850s through the 1870s, disputes with Native Americans ensued, primarily over land ownership and control. In 1855, Washington Territorial Governor Isaac Stevens negotiated the Hellgate treaty between the United States government and the Salish, Pend d'Oreille, and Kootenai people of western Montana, which established boundaries for the tribal nations. The treaty was ratified in 1859. While the treaty established what later became the Flathead Indian Reservation, trouble with interpreters and confusion over the terms of the treaty led Whites to believe the Bitterroot Valley was opened to settlement, but the tribal nations disputed those provisions. The Salish remained in the Bitterroot Valley until 1891.The first U.S. Army post established in Montana was Camp Cooke in 1866, on the Missouri River, to protect steamboat traffic to Fort Benton. More than a dozen additional military outposts were established in the state. Pressure over land ownership and control increased due to discoveries of gold in various parts of Montana and surrounding states. Major battles occurred in Montana during Red Cloud's War, the Great Sioux War of 1876, and the Nez Perce War and in conflicts with Piegan Blackfeet. The most notable were the Marias Massacre (1870), Battle of the Little Bighorn (1876), Battle of the Big Hole (1877), and Battle of Bear Paw (1877). The last recorded conflict in Montana between the U.S. Army and Native Americans occurred in 1887 during the Battle of Crow Agency in the Big Horn country. Indian survivors who had signed treaties were generally required to move onto reservations.
Simultaneously with these conflicts, bison, a keystone species and the primary protein source that Native people had survived on for many centuries, were being destroyed. Experts estimate than around 13 million bison roamed Montana in 1870. In 1875, General Philip Sheridan pleaded to a joint session of Congress to authorize the slaughtering of bison herds to deprive the Indians of their source of food. By 1884, commercial hunting had brought bison to the verge of extinction; only about 325 bison remained in the entire United States.
=== Cattle ranching ===
Cattle ranching has been central to Montana's history and economy since Johnny Grant began wintering cattle in the Deer Lodge Valley in the 1850s and traded cattle fattened in fertile Montana valleys with emigrants on the Oregon Trail. Nelson Story brought the first Texas Longhorn cattle into the territory in 1866. Granville Stuart, Samuel Hauser, and Andrew J. Davis started a major open-range cattle operation in Fergus County in 1879. The Grant-Kohrs Ranch National Historic Site in Deer Lodge is maintained today as a link to the ranching style of the late 19th century. Operated by the National Park Service, it is a 1,900-acre (7.7 km2) working ranch.
=== Railroads ===
Tracks of the Northern Pacific Railroad (NPR) reached Montana from the west in 1881 and from the east in 1882. However, the railroad played a major role in sparking tensions with Native American tribes in the 1870s. Jay Cooke, the NPR president, launched major surveys into the Yellowstone valley in 1871, 1872, and 1873, which were challenged forcefully by the Sioux under chief Sitting Bull. These clashes, in part, contributed to the Panic of 1873, a financial crisis that delayed the construction of the railroad into Montana. Surveys in 1874, 1875, and 1876 helped spark the Great Sioux War of 1876. The transcontinental NPR was completed on September 8, 1883, at Gold Creek.
In 1881, the Utah and Northern Railway, a branch line of the Union Pacific, completed a narrow-gauge line from northern Utah to Butte. A number of smaller spur lines operated in Montana from 1881 into the 20th century, including the Oregon Short Line, Montana Railroad, and Milwaukee Road.
Tracks of the Great Northern Railroad (GNR) reached eastern Montana in 1887 and when they reached the northern Rocky Mountains in 1890, the GNR became a significant promoter of tourism to Glacier National Park region. The transcontinental GNR was completed on January 6, 1893, at Scenic, Washington and is known as the Hi Line, being the northern most transcontinental rail line in the United States.
=== Statehood ===
Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention held in Helena in 1884 produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota, and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution accepted by the people and the federal government. On November 8, 1889, President Benjamin Harrison proclaimed Montana the union's 41st state. The first state governor was Joseph K. Toole. In the 1880s, Helena (the state capital) had more millionaires per capita than any other United States city.
=== Homesteading ===
The Homestead Act of 1862 provided free land to settlers who could claim and "prove-up" 160 acres (0.65 km2) of federal land in the Midwest and western United States. Montana did not see a large influx of immigrants from this act because 160 acres were usually insufficient to support a family in the arid territory. The first homestead claim under the act in Montana was made by David Carpenter near Helena in 1868. The first claim by a woman was made near Warm Springs Creek by Gwenllian Evans, the daughter of Deer Lodge Montana pioneer, Morgan Evans. By 1880, farms were in the more verdant valleys of central and western Montana, but few were on the eastern plains.The Desert Land Act of 1877 was passed to allow settlement of arid lands in the west and allotted 640 acres (2.6 km2) to settlers for a fee of $.25 per acre and a promise to irrigate the land. After three years, a fee of one dollar per acre would be paid and the settler would own the land. This act brought mostly cattle and sheep ranchers into Montana, many of whom grazed their herds on the Montana prairie for three years, did little to irrigate the land and then abandoned it without paying the final fees. Some farmers came with the arrival of the Great Northern and Northern Pacific Railroads throughout the 1880s and 1890s, though in relatively small numbers.
In the early 1900s, James J. Hill of the Great Northern began to promote settlement in the Montana prairie to fill his trains with settlers and goods. Other railroads followed suit. In 1902, the Reclamation Act was passed, allowing irrigation projects to be built in Montana's eastern river valleys. In 1909, Congress passed the Enlarged Homestead Act that expanded the amount of free land from 160 to 320 acres (0.6 to 1.3 km2) per family and in 1912 reduced the time to "prove up" on a claim to three years. In 1916, the Stock-Raising Homestead Act allowed homesteads of 640 acres in areas unsuitable for irrigation. This combination of advertising and changes in the Homestead Act drew tens of thousands of homesteaders, lured by free land, with World War I bringing particularly high wheat prices. In addition, Montana was going through a temporary period of higher-than-average precipitation. Homesteaders arriving in this period were known as "Honyockers", or "scissorbills". Though the word "honyocker", possibly derived from the ethnic slur "hunyak", was applied in a derisive manner at homesteaders as being "greenhorns", "new at his business", or "unprepared", most of these new settlers had farming experience, though many did not.
Honyocker, scissorbill, nester ... He was the Joad of a [half] century ago, swarming into a hostile land: duped when he started, robbed when he arrived; hopeful, courageous, ambitious: he sought independence or adventure, comfort and security ... The honyocker was farmer, spinster, deep-sea diver; fiddler, physician, bartender, cook. He lived in Minnesota or Wisconsin, Massachusetts or Maine. There the news sought him out—Jim Hill's news of free land in the Treasure State ...
However, farmers faced a number of problems. Massive debt was one. Also, most settlers were from wetter regions, unprepared for the dry climate, lack of trees, and scarce water resources. In addition, small homesteads of fewer than 320 acres (130 ha) were unsuited to the environment. Weather and agricultural conditions are much harsher and drier west of the 100th meridian. Then, the droughts of 1917–1921 proved devastating. Many people left, and half the banks in the state went bankrupt as a result of providing mortgages that could not be repaid. As a result, farm sizes increased while the number of farms decreased.By 1910, homesteaders filed claims on over five million acres, and by 1923, over 93 million acres were farmed. In 1910, the Great Falls land office alone had more than a thousand homestead filings per month, and at the peak of 1917–1918 it had 14,000 new homesteads each year. Significant drops occurred following the drought in 1919.
=== Montana and World War I ===
As World War I broke out, Jeannette Rankin, the first woman in the United States to be a member of Congress, voted against the United States' declaration of war. Her actions were widely criticized in Montana, where support for the war and patriotism was strong. In 1917–18, due to a miscalculation of Montana's population, about 40,000 Montanans, 10% of the state's population, volunteered or were drafted into the armed forces. This represented a manpower contribution to the war that was 25% higher than any other state on a per capita basis. Around 1500 Montanans died as a result of the war and 2437 were wounded, also higher than any other state on a per capita basis. Montana's Remount station in Miles City provided 10,000 cavalry horses for the war, more than any other Army post in the country. The war created a boom for Montana mining, lumber, and farming interests, as demand for war materials and food increased.In June 1917, the U.S. Congress passed the Espionage Act of 1917, which was extended by the Sedition Act of 1918. In February 1918, the Montana legislature had passed the Montana Sedition Act, which was a model for the federal version. In combination, these laws criminalized criticism of the U.S. government, military, or symbols through speech or other means. The Montana Act led to the arrest of more than 200 individuals and the conviction of 78, mostly of German or Austrian descent. More than 40 spent time in prison. In May 2006, then-Governor Brian Schweitzer posthumously issued full pardons for all those convicted of violating the Montana Sedition Act.The Montanans who opposed U.S. entry into the war included immigrant groups of German and Irish heritage, as well as pacifist Anabaptist people such as the Hutterites and Mennonites, many of whom were also of Germanic heritage. In turn, pro-War groups formed, such as the Montana Council of Defense, created by Governor Samuel V. Stewart and local "loyalty committees".War sentiment was complicated by labor issues. The Anaconda Copper Company, which was at its historic peak of copper production, was an extremely powerful force in Montana, but it also faced criticism and opposition from socialist newspapers and unions struggling to make gains for their members. In Butte, a multiethnic community with a significant European immigrant population, labor unions, particularly the newly formed Metal Mine Workers' Union, opposed the war on grounds it mostly profited large lumber and mining interests. In the wake of ramped-up mine production and the Speculator Mine disaster in June 1917, Industrial Workers of the World organizer Frank Little arrived in Butte to organize miners. He gave some speeches with inflammatory antiwar rhetoric. On August 1, 1917, he was dragged from his boarding house by masked vigilantes, and hanged from a railroad trestle, considered a lynching. Little's murder and the strikes that followed resulted in the National Guard being sent to Butte to restore order. Overall, anti-German and antilabor sentiment increased and created a movement that led to the passage of the Montana Sedition Act the following February. In addition, the Council of Defense was made a state agency with the power to prosecute and punish individuals deemed in violation of the Act. The council also passed rules limiting public gatherings and prohibiting the speaking of German in public.In the wake of the legislative action in 1918, emotions rose. U.S. Attorney Burton K. Wheeler and several district court judges who hesitated to prosecute or convict people brought up on charges were strongly criticized. Wheeler was brought before the Council of Defense, though he avoided formal proceedings, and a district court judge from Forsyth was impeached. Burnings of German-language books and several near-hangings occurred. The prohibition on speaking German remained in effect into the early 1920s. Complicating the wartime struggles, the 1918 influenza epidemic claimed the lives of more than 5,000 Montanans. The suppression of civil liberties that occurred led some historians to dub this period "Montana's Agony".
=== Depression era ===
An economic depression began in Montana after World War I and lasted through the Great Depression until the beginning of World War II. This caused great hardship for farmers, ranchers, and miners. The wheat farms in eastern Montana make the state a major producer; the wheat has a relatively high protein content, thus commands premium prices.
=== Montana and World War II ===
By the time the U.S. entered World War II on December 8, 1941, many Montanans had enlisted in the military to escape the poor national economy of the previous decade. Another 40,000-plus Montanans entered the armed forces in the first year following the declaration of war, and more than 57,000 joined up before the war ended. These numbers constituted about ten percent of the state's population, and Montana again contributed one of the highest numbers of soldiers per capita of any state. Many Native Americans were among those who served, including soldiers from the Crow Nation who became Code Talkers. At least 1,500 Montanans died in the war. Montana also was the training ground for the First Special Service Force or "Devil's Brigade", a joint U.S-Canadian commando-style force that trained at Fort William Henry Harrison for experience in mountainous and winter conditions before deployment. Air bases were built in Great Falls, Lewistown, Cut Bank, and Glasgow, some of which were used as staging areas to prepare planes to be sent to allied forces in the Soviet Union. During the war, about 30 Japanese Fu-Go balloon bombs were documented to have landed in Montana, though no casualties nor major forest fires were attributed to them.In 1940, Jeannette Rankin was again elected to Congress. In 1941, as she had in 1917, she voted against the United States' declaration of war after the Japanese attack on Pearl Harbor. Hers was the only vote against the war, and in the wake of public outcry over her vote, Rankin required police protection for a time. Other pacifists tended to be those from "peace churches" who generally opposed war. Many individuals claiming conscientious objector status from throughout the U.S. were sent to Montana during the war as smokejumpers and for other forest fire-fighting duties.In 1942, the US Army established Camp Rimini near Helena for the purpose of training sled dogs in winter weather.
=== Other military ===
During World War II, the planned battleship USS Montana was named in honor of the state but it was never completed. Montana is the only one of the first 48 states lacking a completed battleship being named for it. Alaska and Hawaii have both had nuclear submarines named after them. Montana is the only state in the union without a modern naval ship named in its honor. However, in August 2007, Senator Jon Tester asked that a submarine be christened USS Montana. Secretary of the Navy Ray Mabus announced on September 3, 2015, that Virginia Class attack submarine SSN-794 will become the second commissioned warship to bear the name.
=== Cold War Montana ===
In the post-World War II Cold War era, Montana became host to U.S. Air Force Military Air Transport Service (1947) for airlift training in C-54 Skymasters and eventually, in 1953 Strategic Air Command air and missile forces were based at Malmstrom Air Force Base in Great Falls. The base also hosted the 29th Fighter Interceptor Squadron, Air Defense Command from 1953 to 1968. In December 1959, Malmstrom AFB was selected as the home of the new Minuteman I intercontinental ballistic missile. The first operational missiles were in place and ready in early 1962. In late 1962, missiles assigned to the 341st Strategic Missile Wing played a major role in the Cuban Missile Crisis. When the Soviets removed their missiles from Cuba, President John F. Kennedy said the Soviets backed down because they knew he had an "ace in the hole", referring directly to the Minuteman missiles in Montana. Montana eventually became home to the largest ICBM field in the U.S. covering 23,500 square miles (61,000 km2).
== Geography ==
Montana is one of the eight Mountain States, located in the north of the region known as the Western United States. It borders North Dakota and South Dakota to the east. Wyoming is to the south, Idaho is to the west and southwest, and the Canadian provinces of British Columbia, Alberta, and Saskatchewan are to the north, making it the only state to border three Canadian provinces.
With an area of 147,040 square miles (380,800 km2), Montana is slightly larger than Japan. It is the fourth-largest state in the United States after Alaska, Texas, and California, and the largest landlocked state.
=== Topography ===
The state's topography is roughly defined by the Continental Divide, which splits much of the state into distinct eastern and western regions. Most of Montana's hundred or more named mountain ranges are in the state's western half, most of which is geologically and geographically part of the northern Rocky Mountains. The Absaroka and Beartooth ranges in the state's south-central part are technically part of the Central Rocky Mountains. The Rocky Mountain Front is a significant feature in the state's north-central portion, and isolated island ranges that interrupt the prairie landscape common in the central and eastern parts of the state. About 60 percent of the state is prairie, part of the northern Great Plains.The Bitterroot Mountains—one of the longest continuous ranges in the Rocky Mountain chain from Alaska to Mexico—along with smaller ranges, including the Coeur d'Alene Mountains and the Cabinet Mountains, divide the state from Idaho. The southern third of the Bitterroot range blends into the Continental Divide. Other major mountain ranges west of the divide include the Cabinet Mountains, the Anaconda Range, the Missions, the Garnet Range, the Sapphire Mountains, and the Flint Creek Range.The divide's northern section, where the mountains rapidly give way to prairie, is part of the Rocky Mountain Front. The front is most pronounced in the Lewis Range, located primarily in Glacier National Park. Due to the configuration of mountain ranges in Glacier National Park, the Northern Divide (which begins in Alaska's Seward Peninsula) crosses this region and turns east in Montana at Triple Divide Peak. It causes the Waterton River, Belly, and Saint Mary rivers to flow north into Alberta, Canada. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.East of the divide, several roughly parallel ranges cover the state's southern part, including the Gravelly Range, Madison Range, Gallatin Range, Absaroka Mountains, and Beartooth Mountains. The Beartooth Plateau is the largest continuous land mass over 10,000 feet (3,000 m) high in the continental United States. It contains the state's highest point, Granite Peak, 12,799 feet (3,901 m) high. North of these ranges are the Big Belt Mountains, Bridger Mountains, Tobacco Roots, and several island ranges, including the Crazy Mountains and Little Belt Mountains.
Between many mountain ranges are several rich river valleys. The Big Hole Valley, Bitterroot Valley, Gallatin Valley, Flathead Valley, and Paradise Valley have extensive agricultural resources and multiple opportunities for tourism and recreation.
East and north of this transition zone are the expansive and sparsely populated Northern Plains, with tableland prairies, smaller island mountain ranges, and badlands. The isolated island ranges east of the Divide include the Bear Paw Mountains, Bull Mountains, Castle Mountains, Crazy Mountains, Highwood Mountains, Judith Mountains, Little Belt Mountains, Little Rocky Mountains, the Pryor Mountains, Little Snowy Mountains, Big Snowy Mountains, Sweet Grass Hills, and—in the state's southeastern corner near Ekalaka—the Long Pines. Many of these isolated eastern ranges were created about 120 to 66 million years ago when magma welling up from the interior cracked and bowed the earth's surface here.The area east of the divide in the state's north-central portion is known for the Missouri Breaks and other significant rock formations. Three buttes south of Great Falls are major landmarks: Cascade, Crown, Square, Shaw, and Buttes. Known as laccoliths, they formed when igneous rock protruded through cracks in the sedimentary rock. The underlying surface consists of sandstone and shale. Surface soils in the area are highly diverse, and greatly affected by the local geology, whether glaciated plain, intermountain basin, mountain foothills, or tableland. Foothill regions are often covered in weathered stone or broken slate, or consist of uncovered bare rock (usually igneous, quartzite, sandstone, or shale). The soil of intermountain basins usually consists of clay, gravel, sand, silt, and volcanic ash, much of it laid down by lakes which covered the region during the Oligocene 33 to 23 million years ago. Tablelands are often topped with argillite gravel and weathered quartzite, occasionally underlain by shale. The glaciated plains are generally covered in clay, gravel, sand, and silt left by the proglacial Lake Great Falls or by moraines or gravel-covered former lake basins left by the Wisconsin glaciation 85,000 to 11,000 years ago. Farther east, areas such as Makoshika State Park near Glendive and Medicine Rocks State Park near Ekalaka contain some of the most scenic badlands regions in the state.The Hell Creek Formation in Northeast Montana is a major source of dinosaur fossils. Paleontologist Jack Horner of the Museum of the Rockies in Bozeman brought this formation to the world's attention with several major finds.
==== Rivers, lakes and reservoirs ====
Montana has thousands of named rivers and creeks, 450 miles (720 km) of which are known for "blue-ribbon" trout fishing. Montana's water resources provide for recreation, hydropower, crop and forage irrigation, mining, and water for human consumption.
Montana is one of few geographic areas in the world whose rivers form parts of three major watersheds (i.e. where two continental divides intersect). Its rivers feed the Pacific Ocean, the Gulf of Mexico, and Hudson Bay. The watersheds divide at Triple Divide Peak in Glacier National Park. If Hudson Bay is considered part of the Arctic Ocean, Triple Divide Peak is the only place on Earth with drainage to three different oceans.
===== Pacific Ocean drainage basin =====
All waters in Montana west of the divide flow into the Columbia River. The Clark Fork of the Columbia (not to be confused with the Clarks Fork of the Yellowstone River) rises near Butte and flows northwest to Missoula, where it is joined by the Blackfoot River and Bitterroot River. Farther downstream, it is joined by the Flathead River before entering Idaho near Lake Pend Oreille. The Pend Oreille River forms the outflow of Lake Pend Oreille. The Pend Oreille River joined the Columbia River, which flows to the Pacific Ocean—making the 579-mile (932 km) long Clark Fork/Pend Oreille (considered a single river system) the longest river in the Rocky Mountains. The Clark Fork discharges the greatest volume of water of any river exiting the state. The Kootenai River in northwest Montana is another major tributary of the Columbia.
===== Gulf of Mexico drainage basin =====
East of the divide the Missouri River, which is formed by the confluence of the Jefferson, Madison, and Gallatin Rivers near Three Forks, flows due north through the west-central part of the state to Great Falls. From this point, it then flows generally east through fairly flat agricultural land and the Missouri Breaks to Fort Peck reservoir. The stretch of river between Fort Benton and the Fred Robinson Bridge at the western boundary of Fort Peck Reservoir was designated a National Wild and Scenic River in 1976. The Missouri enters North Dakota near Fort Union, having drained more than half the land area of Montana (82,000 square miles (210,000 km2)). Nearly one-third of the Missouri River in Montana lies behind 10 dams: Toston, Canyon Ferry, Hauser, Holter, Black Eagle, Rainbow, Cochrane, Ryan, Morony, and Fort Peck. Other major Montana tributaries of the Missouri include the Smith, Milk, Marias, Judith, and Musselshell Rivers. Montana also claims the disputed title of possessing the world's shortest river, the Roe River, just outside Great Falls. Through the Missouri, these rivers ultimately join the Mississippi River and flow into the Gulf of Mexico.Hell Roaring Creek begins in southern Montana, and when combined with the Red Rock, Beaverhead, Jefferson, Missouri, and Mississippi River, is the longest river in North America and the fourth longest river in the world.
The Yellowstone River rises on the Continental Divide near Younts Peak in Wyoming's Teton Wilderness. It flows north through Yellowstone National Park, enters Montana near Gardiner, and passes through the Paradise Valley to Livingston. It then flows northeasterly across the state through Billings, Miles City, Glendive, and Sidney. The Yellowstone joins the Missouri in North Dakota just east of Fort Union. It is the longest undammed, free-flowing river in the contiguous United States, and drains about a quarter of Montana (36,000 square miles (93,000 km2)). Major tributaries of the Yellowstone include the Boulder, Stillwater, Clarks Fork, Bighorn, Tongue, and Powder Rivers.
===== Hudson Bay drainage basin =====
The Northern Divide turns east in Montana at Triple Divide Peak, causing the Waterton, Belly, and Saint Mary Rivers to flow north into Alberta. There they join the Saskatchewan River, which ultimately empties into Hudson Bay.
===== Lakes and reservoirs =====
Montana has some 3,000 named lakes and reservoirs, including Flathead Lake, the largest natural freshwater lake in the western United States. Other major lakes include Whitefish Lake in the Flathead Valley and Lake McDonald and St. Mary Lake in Glacier National Park. The largest reservoir in the state is Fort Peck Reservoir on the Missouri river, which is contained by the second largest earthen dam and largest hydraulically filled dam in the world. Other major reservoirs include Hungry Horse on the Flathead River; Lake Koocanusa on the Kootenai River; Lake Elwell on the Marias River; Clark Canyon on the Beaverhead River; Yellowtail on the Bighorn River, Canyon Ferry, Hauser, Holter, Rainbow; and Black Eagle on the Missouri River.
=== Flora and fauna ===
Vegetation of the state includes lodgepole pine, ponderosa pine, Douglas fir, larch, spruce, aspen, birch, red cedar, hemlock, ash, alder, rocky mountain maple and cottonwood trees. Forests cover about 25% of the state. Flowers native to Montana include asters, bitterroots, daisies, lupins, poppies, primroses, columbine, lilies, orchids, and dryads. Several species of sagebrush and cactus and many species of grasses are common. Many species of mushrooms and lichens are also found in the state.
Montana is home to diverse fauna including 14 amphibian, 90 fish, 117 mammal, 20 reptile, and 427 bird species. Additionally, more than 10,000 invertebrate species are present, including 180 mollusks and 30 crustaceans. Montana has the largest grizzly bear population in the lower 48 states. Montana hosts five federally endangered species–black-footed ferret, whooping crane, least tern, pallid sturgeon, and white sturgeon and seven threatened species including the grizzly bear, Canadian lynx, and bull trout. Since re-introduction the gray wolf population has stabilized at about 900 animals, and they have been delisted as endangered. The Montana Department of Fish, Wildlife and Parks manages fishing and hunting seasons for at least 17 species of game fish, including seven species of trout, walleye, and smallmouth bass and at least 29 species of game birds and animals including ring-neck pheasant, grey partridge, elk, pronghorn antelope, mule deer, whitetail deer, gray wolf, and bighorn sheep.
=== Protected lands ===
Montana contains Glacier National Park, "The Crown of the Continent"; and parts of Yellowstone National Park, including three of the park's five entrances. Other federally recognized sites include the Little Bighorn National Monument, Bighorn Canyon National Recreation Area, and Big Hole National Battlefield. The Bison Range is managed by the Confederated Salish and Kootenai Tribes and the American Prairie is owned and operated by a non-profit organization.
Federal and state agencies administer approximately 31,300,000 acres (127,000 km2), or 35 percent of Montana's land. The U.S. Department of Agriculture Forest Service administers 16,800,000 acres (68,000 km2) of forest land in ten National Forests. There are approximately 3,300,000 acres (13,000 km2) of wilderness in 12 separate wilderness areas that are part of the National Wilderness Preservation System established by the Wilderness Act of 1964. The U.S. Department of the Interior Bureau of Land Management controls 8,100,000 acres (33,000 km2) of federal land. The U.S. Department of the Interior Fish and Wildlife Service administers 110,000 acres (450 km2) of 1.1 million acres of National Wildlife Refuges and waterfowl production areas in Montana. The U.S. Department of the Interior Bureau of Reclamation administers approximately 300,000 acres (1,200 km2) of land and water surface in the state. The Montana Department of Fish, Wildlife and Parks operate approximately 275,265 acres (1,113.96 km2) of state parks and access points on the state's rivers and lakes. The Montana Department of Natural Resources and Conservation manages 5,200,000 acres (21,000 km2) of School Trust Land ceded by the federal government under the Land Ordinance of 1785 to the state in 1889 when Montana was granted statehood. These lands are managed by the state for the benefit of public schools and institutions in the state.
Areas managed by the National Park Service include:
Big Hole National Battlefield near Wisdom
Bighorn Canyon National Recreation Area near Fort Smith
Glacier National Park
Grant-Kohrs Ranch National Historic Site at Deer Lodge
Lewis and Clark National Historic Trail
Little Bighorn Battlefield National Monument near Crow Agency
Nez Perce National Historical Park
Yellowstone National Park
=== Climate ===
Montana is a large state with considerable variation in geography, topography and elevation, and the climate is equally varied. The state spans from below the 45th parallel (the line equidistant between the equator and North Pole) to the 49th parallel, and elevations range from under 2,000 feet (610 m) to nearly 13,000 feet (4,000 m) above sea level. The western half is mountainous, interrupted by numerous large valleys. Eastern Montana comprises plains and badlands, broken by hills and isolated mountain ranges, and has a semiarid, continental climate (Köppen climate classification BSk). The Continental Divide has a considerable effect on the climate, as it restricts the flow of warmer air from the Pacific from moving east, and drier continental air from moving west. The area west of the divide has a modified northern Pacific Coast climate, with milder winters, cooler summers, less wind, and a longer growing season. Low clouds and fog often form in the valleys west of the divide in winter, but this is rarely seen in the east.Average daytime temperatures vary from 28 °F or −2.2 °C in January to 84.5 °F or 29.2 °C in July. The variation in geography leads to great variation in temperature. The highest observed summer temperature was 117 °F or 47.2 °C at Glendive on July 20, 1893, and Medicine Lake on July 5, 1937. Throughout the state, summer nights are generally cool and pleasant. Extreme hot weather is less common above 4,000 feet or 1,200 meters. Snowfall has been recorded in all months of the year in the more mountainous areas of central and western Montana, though it is rare in July and August.The coldest temperature on record for Montana is also the coldest temperature for the contiguous United States. On January 20, 1954, −70 °F or −56.7 °C was recorded at a gold mining camp near Rogers Pass. Temperatures vary greatly on cold nights, and Helena, 40 miles (64 km) to the southeast had a low of only −36 °F or −37.8 °C on the same date, and an all-time record low of −42 °F or −41.1 °C. Winter cold spells are usually the result of cold continental air coming south from Canada. The front is often well defined, causing a large temperature drop in a 24-hour period. Conversely, air flow from the southwest results in "chinooks". These steady 25–50 mph (40–80 km/h) (or more) winds can suddenly warm parts of Montana, especially areas just to the east of the mountains, where temperatures sometimes rise up to 50–60 °F (10.0–15.6 °C) for 10 days or longer.Loma is the site of the most extreme recorded temperature change in a 24-hour period in the United States. On January 15, 1972, a chinook wind blew in and the temperature rose from −54 to 49 °F (−47.8 to 9.4 °C).
Average annual precipitation is 15 inches (380 mm), but great variations are seen. The mountain ranges block the moist Pacific air, holding moisture in the western valleys, and creating rain shadows to the east. Heron, in the west, receives the most precipitation, 34.70 inches (881 mm). On the eastern (leeward) side of a mountain range, the valleys are much drier; Lonepine averages 11.45 inches (291 mm), and Deer Lodge 11.00 inches (279 mm) of precipitation. The mountains can receive over 100 inches (2,500 mm), for example the Grinnell Glacier in Glacier National Park gets 105 inches (2,700 mm). An area southwest of Belfry averaged only 6.59 inches (167 mm) over a 16-year period. Most of the larger cities get 30 to 50 inches or 0.76 to 1.27 meters of snow each year. Mountain ranges can accumulate 300 inches or 7.62 meters of snow during a winter. Heavy snowstorms may occur from September through May, though most snow falls from November to March.The climate has become warmer in Montana and continues to do so. The glaciers in Glacier National Park have receded and are predicted to melt away completely in a few decades. Many Montana cities set heat records during July 2007, the hottest month ever recorded in Montana. Winters are warmer, too, and have fewer cold spells. Previously, these cold spells had killed off bark beetles, but these are now attacking the forests of western Montana. The warmer winters in the region have allowed various species to expand their ranges and proliferate. The combination of warmer weather, attack by beetles, and mismanagement has led to a substantial increase in the severity of forest fires in Montana. According to a study done for the U.S. Environmental Protection Agency by the Harvard School of Engineering and Applied Science, parts of Montana will experience a 200% increase in area burned by wildfires and an 80% increase in related air pollution.The table below lists average temperatures for the warmest and coldest month for Montana's seven largest cities. The coldest month varies between December and January depending on location, although figures are similar throughout.
=== Antipodes ===
Montana is one of only two contiguous states (along with Colorado) that are antipodal to land. The Kerguelen Islands are antipodal to the Montana–Saskatchewan–Alberta border. No towns are precisely antipodal to Kerguelen, though Chester and Rudyard are close.
=== Cities and towns ===
Montana has 56 counties and a total of 364 "places" as defined by the United States Census Bureau; the latter comprising 129 incorporated places and 235 census-designated places. The incorporated places are made up of 52 cities, 75 towns, and two consolidated city-counties.Montana has one city, Billings, with a population over 100,000; and three cities with populations over 50,000: Missoula, Great Falls and Bozeman. The state also has five Micropolitan Statistical Areas, centered on Bozeman, Butte, Helena, Kalispell and Havre.Collectively all of these areas (excluding Havre) are known informally as the "big seven", as they are consistently the seven largest communities in the state (their rank order in terms of population is Billings, Missoula, Great Falls, Bozeman, Butte, Helena and Kalispell, according to the 2010 U.S. Census). Based on 2013 census numbers, they contain 35 percent of Montana's population, and the counties in which they are located are home to 62 percent of the state's population.The geographic center of population of Montana is in sparsely populated Meagher County, in the town of White Sulphur Springs.
== Demographics ==
The United States Census Bureau states that the population of Montana was 1,085,407 on April 1, 2020, an 9.7% increase since the 2010 United States census. The 2010 census put Montana's population at 989,415. During the first decade of the new century, growth was mainly concentrated in Montana's seven largest counties, with the highest percentage growth in Gallatin County, which had a 32% increase in its population from 2000 to 2010. The city having the largest percentage growth was Kalispell, with 40.1%, and the city with the largest increase in actual residents was Billings, with an increase in population of 14,323 from 2000 to 2010.On January 3, 2012, the Census and Economic Information Center (CEIC) at the Montana Department of Commerce estimated Montana had hit the one million population mark sometime between November and December 2011.According to the 2010 census, 89.4% of the population was White (87.8% non-Hispanic White), 6.3% American Indian and Alaska Native, 2.9% Hispanics and Latinos of any race, 0.6% Asian, 0.4% Black or African American, 0.1% Native Hawaiian and other Pacific Islander, 0.6% from some other race, and 2.5% from two or more races. The largest European ancestry groups in Montana as of 2010 are: German (27.0%), Irish (14.8%), English (12.6%), Norwegian (10.9%), French (4.7%), and Italian (3.4%).
=== Intrastate demographics ===
Montana has a larger Native American population, both numerically and as a percentage, than most U.S. states. Ranked 45th in population (by the 2010 Census) it is 19th in native people, who are 6.5% of the state's population—the sixth-highest percentage of all fifty. Of Montana's 56 counties, Native Americans constitute a majority in three: Big Horn, Glacier, and Roosevelt. Other counties with large Native American populations include Blaine, Cascade, Hill, Missoula, and Yellowstone Counties. The state's Native American population grew by 27.9% between 1980 and 1990 (at a time when Montana's entire population rose 1.6%), and by 18.5 percent between 2000 and 2010.As of 2009, almost two-thirds of Native Americans in the state live in urban areas. Of Montana's 20 largest cities, Polson (15.7%), Havre (13.0%), Great Falls (5.0%), Billings (4.4%), and Anaconda (3.1%) had the greatest percentages of Native American residents in 2010. Billings (4,619), Great Falls (2,942), Missoula (1,838), Havre (1,210), and Polson (706) have the most Native Americans living there. The state's seven reservations include more than 12 distinct Native American ethnolinguistic groups.While the largest European-American population in Montana overall is German (which may also include Austrian and Swiss, among other groups), pockets of significant Scandinavian ancestry are prevalent in some of the farming-dominated northern and eastern prairie regions, parallel to nearby regions of North Dakota and Minnesota. Farmers of Irish, Scots, and English roots also settled in Montana. The historically mining-oriented communities of western Montana such as Butte have a wider range of European-American ethnicity; Finns, Eastern Europeans and especially Irish settlers left an indelible mark on the area, as well as people originally from British mining regions such as Cornwall, Devon, and Wales. The nearby city of Helena, also founded as a mining camp, had a similar mix in addition to a small Chinatown. Many of Montana's historic logging communities originally attracted people of Scottish, Scandinavian, Slavic, English, and Scots-Irish descent.The Hutterites, an Anabaptist sect originally from Switzerland, settled here, and today Montana is second only to South Dakota in U.S. Hutterite population, with several colonies spread across the state. Beginning in the mid-1990s, the state also had an influx of Amish, who moved to Montana from the increasingly urbanized areas of Ohio and Pennsylvania.Montana's Hispanic population is concentrated in the Billings area in south-central Montana, where many of Montana's Mexican-Americans have been in the state for generations. Great Falls has the highest percentage of African-Americans in its population, although Billings has more African-American residents than Great Falls.The Chinese in Montana, while a low percentage today, have been an important presence. About 2000–3000 Chinese miners were in the mining areas of Montana by 1870, and 2500 in 1890. However, public opinion grew increasingly negative toward them in the 1890s, and nearly half of the state's Asian population left the state by 1900. Today, the Missoula area has a large Hmong population and the nearly 3,000 Montanans who claim Filipino ancestry are the largest Asian-American group in the state.In the 2015 United States census estimates, Montana had the second-highest percentage of U.S. military veterans of another state. Only the state of Alaska had a higher percentage with Alaska having roughly 14 percent of its population over 18 being veterans and Montana having roughly 12 percent of its population over 18 being veterans.
=== Native Americans ===
About 66,000 people of Native American heritage live in Montana. Stemming from multiple treaties and federal legislation, including the Indian Appropriations Act (1851), the Dawes Act (1887), and the Indian Reorganization Act (1934), seven Indian reservations, encompassing 11 federally recognized tribal nations, were created in Montana. A 12th nation, the Little Shell Chippewa is a "landless" people headquartered in Great Falls; it is recognized by the state of Montana, but not by the U.S. government. The Blackfeet nation is headquartered on the Blackfeet Indian Reservation (1851) in Browning, Crow on the Crow Indian Reservation (1868) in Crow Agency, Confederated Salish and Kootenai and Pend d'Oreille on the Flathead Indian Reservation (1855) in Pablo, Northern Cheyenne on the Northern Cheyenne Indian Reservation (1884) at Lame Deer, Assiniboine and Gros Ventre on the Fort Belknap Indian Reservation (1888) in Fort Belknap Agency, Assiniboine and Sioux on the Fort Peck Indian Reservation (1888) at Poplar, and Chippewa-Cree on the Rocky Boy's Indian Reservation (1916) near Box Elder. Approximately 63% of all Native people live off the reservations, concentrated in the larger Montana cities, with the largest concentration of urban Indians in Great Falls. The state also has a small Métis population and 1990 census data indicated that people from as many as 275 different tribes lived in Montana.Montana's Constitution specifically reads, "the state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity." It is the only state in the U.S. with such a constitutional mandate. The Indian Education for All Act was passed in 1999 to provide funding for this mandate and ensure implementation. It mandates that all schools teach American Indian history, culture, and heritage from preschool through college. For kindergarten through 12th-grade students, an "Indian Education for All" curriculum from the Montana Office of Public Instruction is available free to all schools. The state was sued in 2004 because of lack of funding, and the state has increased its support of the program. South Dakota passed similar legislation in 2007, and Wisconsin was working to strengthen its own program based on this model—and the current practices of Montana's schools. Each Indian reservation in the state has a fully accredited tribal college. The University of Montana "was the first to establish dual admission agreements with all of the tribal colleges and as such it was the first institution in the nation to actively facilitate student transfer from the tribal colleges."
=== Birth data ===
Note: Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number.
Since 2016, data for births of White Hispanic origin are not collected, but included in one Hispanic group; persons of Hispanic origin may be of any race.
=== Languages ===
English is the official language in the state of Montana, as it is in many U.S. states. According to the 2000 Census, 94.8% of the population aged five and older speak English at home. Spanish is the language next most commonly spoken at home, with about 13,040 Spanish-language speakers in the state (1.4% of the population) in 2011. Also, 15,438 (1.7% of the state population) were speakers of Indo-European languages other than English or Spanish, 10,154 (1.1%) were speakers of a Native American language, and 4,052 (0.4%) were speakers of an Asian or Pacific Islander language. Other languages spoken in Montana (as of 2013) include Assiniboine (about 150 speakers in Montana and Canada), Blackfoot (about 100 speakers), Cheyenne (about 1,700 speakers), Plains Cree (about 100 speakers), Crow (about 3,000 speakers), Dakota (about 18,800 speakers in Minnesota, Montana, Nebraska, North Dakota, and South Dakota), German Hutterite (about 5,600 speakers), Gros Ventre (about 10 speakers), Kalispel-Pend d'Oreille (about 64 speakers), Kutenai (about six speakers), and Lakota (about 6,000 speakers in Minnesota, Montana, Nebraska, North Dakota, South Dakota). The United States Department of Education estimated in 2009 that 5,274 students in Montana spoke a language at home other than English. These included a Native American language (64%), German (4%), Spanish (3%), Russian (1%), and Chinese (less than 0.5%).
=== Religion ===
According to the Pew Forum, the religious affiliations of the people of Montana are: Protestant 47%, Catholic 23%, LDS (Mormon) 5%, Jehovah's Witness 2%, Buddhist 1%, Jewish 0.5%, Muslim 0.5%, Hindu 0.5% and nonreligious at 20%.The largest denominations in Montana as of 2010 were the Catholic Church with 127,612 adherents, the Church of Jesus Christ of Latter-day Saints with 46,484 adherents, Evangelical Lutheran Church in America with 38,665 adherents, and nondenominational Evangelical Protestant with 27,370 adherents.
== Economy ==
As of 2020, the U.S. Bureau of Economic Analysis estimated Montana's state product was $51.91 billion (47th in the nation) and per capita personal income was $41,280 (37th in the nation)."Personal Income for Montana". BEARFACTS. Bureau of Economic Analysis. Archived from the original on April 6, 2016.
Total employment: 371,239 (As of 2018)
Total employer establishments: 38,720 (As of 2018)Montana is a relative hub of beer microbrewing, ranking third in the nation in number of craft breweries per capita in 2011. Significant industries exist for lumber and mineral extraction; the state's resources include gold, coal, silver, talc, and vermiculite. Ecotaxes on resource extraction are numerous. A 1974 state severance tax on coal (which varied from 20 to 30%) was upheld by the Supreme Court of the United States in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981).Tourism is also important to the economy, with more than ten million visitors a year to Glacier National Park, Flathead Lake, the Missouri River headwaters, the site of the Battle of Little Bighorn, and three of the five entrances to Yellowstone National Park.Montana's personal income tax contains seven brackets, with rates ranging from 1.0 to 6.9 percent. Montana has no sales tax*, and household goods are exempt from property taxes. However, property taxes are assessed on livestock, farm machinery, heavy equipment, automobiles, trucks, and business equipment. The amount of property tax owed is not determined solely by the property's value. The property's value is multiplied by a tax rate, set by the Montana Legislature, to determine its taxable value. The taxable value is then multiplied by the mill levy established by various taxing jurisdictions—city and county government, school districts, and others.In the 1980s the absence of a sales tax became economically deleterious to communities bound to the state's tourism industry, as the revenue from income and property taxes provided by residents was grossly insignificant in regards to paying for the impact of non-residential travel—especially road repair. In 1985, the Montana Legislature passed a law allowing towns with fewer than 5,500 residents and unincorporated communities with fewer than 2,500 to levy a resort tax if more than half the community's income came from tourism. The resort tax is a sales tax that applies to hotels, motels and other lodging and camping facilities; restaurants, fast-food stores, and other food service establishments; taverns, bars, night clubs, lounges, or other public establishments that serve alcohol; as well as destination ski resorts or other destination recreational facilities.It also applies to "luxuries"- defined by law as any item normally sold to the public or to transient visitors or tourists that does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools, or any necessities of life. Approximately 12.2 million non-residents visited Montana in 2018, and the population was estimated to be 1.06 million. This extremely disproportionate ratio of residents paying taxes vs. non-residents using state-funded services and infrastructure makes Montana's resort tax crucial in order to safely maintain heavily used roads and highways, as well as protect and preserve state parks.
As of August 2021, the state's unemployment rate is 3.5%.
== Education ==
=== Colleges and universities ===
The Montana University System consists of:
Tribal colleges in Montana include:
Four private colleges are in Montana:
=== Schools ===
The Montana Territory was formed on April 26, 1864, when the U.S. passed the Organic Act. Schools started forming in the area before it was officially a territory as families started settling into the area. The first schools were subscription schools that typically met in the teacher's home. The first formal school on record was at Fort Owen in Bitterroot valley in 1862. The students were Indian children and the children of Fort Owen employees. The first school term started in early winter and lasted only until February 28. Classes were taught by Mr. Robinson. Another early subscription school was started by Thomas Dimsdale in Virginia City in 1863. In this school students were charged $1.75 per week. The Montana Territorial Legislative Assembly had its inaugural meeting in 1864. The first legislature authorized counties to levy taxes for schools, which set the foundations for public schooling. Madison County was the first to take advantage of the newly authorized taxes and it formed the first public school in Virginia City in 1886. The first school year was scheduled to begin in January 1866, but severe weather postponed its opening until March. The first school year ran through the summer and did not end until August 17. One of the first teachers at the school was Sarah Raymond. She was a 25-year-old woman who had traveled to Virginia City via wagon train in 1865. To become a certified teacher, Raymond took a test in her home and paid a $6 fee in gold dust to obtain a teaching certificate. With the help of an assistant teacher, Mrs. Farley, Raymond was responsible for teaching 50 to 60 students each day out of the 81 students enrolled at the school. Sarah Raymond was paid $125 per month, and Mrs. Farley was paid $75 per month. No textbooks were used in the school. In their place was an assortment of books brought by various emigrants. Sarah quit teaching the following year, but she later became the Madison County superintendent of schools.
== Culture ==
Many well-known artists, photographers and authors have documented the land, culture and people of Montana in the last 130 years. Painter and sculptor Charles Marion Russell, known as "the cowboy artist", created more than 2,000 paintings of cowboys, Native Americans, and landscapes set in the Western United States and in Alberta, Canada. The C. M. Russell Museum Complex in Great Falls, Montana, houses more than 2,000 Russell artworks, personal objects, and artifacts.
Pioneering feminist author, film-maker, and media personality Mary MacLane attained international fame in 1902 with her memoir of three months in her life in Butte, The Story of Mary MacLane. She referred to Butte throughout the rest of her career and remains a controversial figure there for her mixture of criticism and love for Butte and its people.
Evelyn Cameron, a naturalist and photographer from Terry documented early 20th-century life on the Montana prairie, taking startlingly clear pictures of everything around her: cowboys, sheepherders, weddings, river crossings, freight wagons, people working, badlands, eagles, coyotes and wolves.Many notable Montana authors have documented or been inspired by life in Montana in both fiction and non-fiction works. Pulitzer Prize winner Wallace Earle Stegner from Great Falls was often called "The Dean of Western Writers". James Willard Schultz ("Apikuni") from Browning is most noted for his prolific stories about Blackfeet life and his contributions to the naming of prominent features in Glacier National Park.
=== Major cultural events ===
Montana hosts numerous arts and cultural festivals and events every year. Major events include:
Bozeman was once known as the "Sweet Pea capital of the nation" referencing the prolific edible pea crop. To promote the area and celebrate its prosperity, local business owners began a "Sweet Pea Carnival" that included a parade and queen contest. The annual event lasted from 1906 to 1916. Promoters used the inedible but fragrant and colorful sweet pea flower as an emblem of the celebration. In 1977 the "Sweet Pea" concept was revived as an arts festival rather than a harvest celebration, growing into a three-day event that is one of the largest festivals in Montana.
Montana Shakespeare in the Parks has been performing free, live theatrical productions of Shakespeare and other classics throughout Montana and the Northwest region since 1973. The organization is an outreach endeavor that is part of the College of Arts & Architecture at Montana State University, Bozeman. The Montana Shakespeare Company is based in Helena.
Since 1909, the Crow Fair and Rodeo, near Hardin, has been an annual event every August in Crow Agency and is the largest Northern Native American gathering, attracting nearly 45,000 spectators and participants. Since 1952, North American Indian Days has been held every July in Browning.
Lame Deer hosts the annual Northern Cheyenne Powwow.
=== Sports ===
==== Professional sports ====
There are no major league sports franchises in Montana due to the state's relatively small and dispersed population, but a number of minor league teams play in the state. Baseball is the minor-league sport with the longest heritage in the state and Montana is home to three independent teams, all members of the Pioneer League: the Billings Mustangs, Great Falls Voyagers, and Missoula Osprey.
==== College sports ====
All of Montana's four-year colleges and universities field intercollegiate sports teams. The two largest schools, the University of Montana and Montana State University, are members of the Big Sky Conference and have enjoyed a strong athletic rivalry since the early twentieth century. Six of Montana's smaller four-year schools are members of the Frontier Conference. One is a member of the Great Northwest Athletic Conference.
==== Other sports ====
A variety of sports are offered at Montana high schools. Montana allows the smallest—"Class C"—high schools to utilize six-man football teams, dramatized in the independent 2002 film The Slaughter Rule.There are junior ice hockey teams in Montana, three of which are affiliated with the North American 3 Hockey League: the Bozeman Icedogs, Great Falls Americans, and Helena Bighorns.
==== Olympic competitors ====
Ski jumping champion and United States Skiing Hall of Fame inductee Casper Oimoen was captain of the U.S. Olympic team at the 1936 Winter Olympics while he was a resident of Anaconda. He placed thirteenth that year, and had previously finished fifth at the 1932 Winter Olympics.
Montana has produced two U.S. champions and Olympic competitors in men's figure skating, both from Great Falls: John Misha Petkevich, lived and trained in Montana before entering college, competed in the 1968 and 1972 Winter Olympics. Scott Davis, also from Great Falls, competed at the 1994 Winter Olympics.
Missoulian Tommy Moe won Olympic gold and silver medals at the 1994 Winter Olympics in downhill skiing and super G, the first American skier to win two medals at any Winter Olympics.
Eric Bergoust, also of Missoula, won an Olympic gold medal in freestyle aerial skiing at the 1998 Winter Olympics, also competing in 1994, 2002 and 2006 Olympics plus winning 13 World Cup titles.
==== Sporting achievements ====
Montanans have been a part of several major sporting achievements:
In 1889, Spokane became the first and only Montana horse to win the Kentucky Derby. For this accomplishment, the horse was admitted to the Montana Cowboy Hall of Fame in 2008.
In 1904 a basketball team of young Native American women from Fort Shaw, after playing undefeated during their previous season, went to the Louisiana Purchase Exposition held in St. Louis in 1904, defeated all challenging teams and were declared to be world champions.
In 1923, the controversial Jack Dempsey vs. Tommy Gibbons fight for the heavyweight boxing championship, won by Dempsey, took place in Shelby.
=== Outdoor recreation ===
Montana provides year-round outdoor recreation opportunities for residents and visitors. Hiking, fishing, hunting, watercraft recreation, camping, golf, cycling, horseback riding, and skiing are popular activities.
==== Fishing and hunting ====
Montana has been a destination for its world-class trout fisheries since the 1930s. Fly fishing for several species of native and introduced trout in rivers and lakes is popular for both residents and tourists throughout the state. Montana is the home of the Federation of Fly Fishers and hosts many of the organization's annual conclaves. The state has robust recreational lake trout and kokanee salmon fisheries in the west, walleye can be found in many parts of the state, while northern pike, smallmouth and largemouth bass fisheries as well as catfish and paddlefish can be found in the waters of eastern Montana. Robert Redford's 1992 film of Norman Mclean's novel, A River Runs Through It, was filmed in Montana and brought national attention to fly fishing and the state. Fishing makes up a sizeable component of Montana's total tourism economic output: in 2017, nonresidents generated $4.7 billion in economic output, of which, $1.3 billion was generated by visitor groups participating in guided fishing experiences.There are fall bow and general hunting seasons for elk, pronghorn antelope, whitetail deer and mule deer. A random draw grants a limited number of permits for moose, mountain goats and bighorn sheep. There is a spring hunting season for black bear and limited hunting of bison that leave Yellowstone National Park has been allowed. Current law allows both hunters and trappers specified numbers ("limits") of wolves and mountain lions. Trapping of assorted fur-bearing animals is allowed in certain seasons and many opportunities exist for migratory waterfowl and upland bird hunting. The Rocky Mountain Elk Foundation, which protects wildlife habitat and promotes hunting heritage, was founded in Montana.
==== Winter sports ====
Both downhill skiing and cross-country skiing are popular in Montana, which has 15 developed downhill ski areas open to the public, including:
Bear Paw Ski Bowl near Havre
Big Sky Resort in Big Sky
Blacktail Mountain Ski Area near Lakeside
Bridger Bowl Ski Area near Bozeman
Discovery Ski Area near Philipsburg
Great Divide Ski Area near Helena
Lookout Pass Ski and Recreation Area off Interstate 90 at the Montana-Idaho border
Lost Trail Powder Mountain near Darby
Maverick Mountain Ski Area near Dillon
Montana Snowbowl near Missoula
Red Lodge Mountain Resort near Red Lodge
Showdown Ski Area near White Sulphur Springs
Teton Pass Ski Area near Choteau
Turner Mountain Ski Resort near Libby
Whitefish Mountain Resort near WhitefishBig Sky Resort and Whitefish Mountain Resort are destination resorts, while the remaining areas do not have overnight lodging at the ski area, though several host restaurants and other amenities.Montana also has millions of acres open to cross-country skiing on nine of its national forests and in Glacier National Park. In addition to cross-country trails at most of the downhill ski areas, there are also 13 private cross-country skiing resorts. Yellowstone National Park also allows cross-country skiing.Snowmobiling is popular in Montana, which boasts over 4,000 miles of trails and frozen lakes available in winter. There are 24 areas where snowmobile trails are maintained, most also offering ungroomed trails. West Yellowstone offers a large selection of trails and is the primary starting point for snowmobile trips into Yellowstone National Park, where "oversnow" vehicle use is strictly limited, usually to guided tours, and regulations are in considerable flux.Snow coach tours are offered at Big Sky, Whitefish, West Yellowstone and into Yellowstone National Park. Equestrian skijoring has a niche in Montana, which hosts the World Skijoring Championships in Whitefish as part of the annual Whitefish Winter Carnival.
== Health ==
Montana does not have a Trauma I hospital but does have Trauma II hospitals in Missoula, Billings, and Great Falls. In 2013, AARP The Magazine named the Billings Clinic one of the safest hospitals in the United States.Montana is ranked as the least obese state in the U.S., at 19.6%, according to the 2014 Gallup Poll.Montana has the 4th highest suicide rate of any state in the US as of 2021.
== Media ==
As of 2010, Missoula is the 166th largest media market in the United States as ranked by Nielsen Media Research, while Billings is 170th, Great Falls is 190th, the Butte-Bozeman area 191st, and Helena is 206th. There are 25 television stations in Montana, representing each major U.S. network. As of August 2013, there are 527 FCC-licensed FM radio stations broadcast in Montana, with 114 such AM stations.During the age of the Copper Kings, each Montana copper company had its own newspaper. This changed in 1959 when Lee Enterprises bought several Montana newspapers. Montana's largest circulating daily city newspapers are the Billings Gazette (circulation 39,405), Great Falls Tribune (26,733), and Missoulian (25,439).
== Transportation ==
Railroads have been an important method of transportation in Montana since the 1880s. Historically, the state was traversed by the main lines of three east–west transcontinental routes: the Milwaukee Road, the Great Northern, and the Northern Pacific. Today, the BNSF Railway is the state's largest railroad, its main transcontinental route incorporating the former Great Northern main line across the state. Montana RailLink, a privately held Class II railroad, operates former Northern Pacific trackage in western Montana.
In addition, Amtrak's Empire Builder train runs through the north of the state, stopping in Libby, Whitefish, West Glacier, Essex, East Glacier Park, Browning, Cut Bank, Shelby, Havre, Malta, Glasgow, and Wolf Point.
Bozeman Yellowstone International Airport is the busiest airport in the state of Montana, surpassing Billings Logan International Airport in the spring of 2013. Montana's other major airports include Missoula International Airport, Great Falls International Airport, Glacier Park International Airport, Helena Regional Airport, Bert Mooney Airport and Yellowstone Airport. Eight smaller communities have airports designated for commercial service under the Essential Air Service program.Historically, U.S. Route 10 was the primary east–west highway route across Montana, connecting the major cities in the southern half of the state. Still, the state's most important east–west travel corridor, the route is today served by Interstate 90 and Interstate 94 which roughly follow the same route as the Northern Pacific. U.S. Routes 2 and 12 and Montana Highway 200 also traverse the entire state from east to west.
Montana's only north–south Interstate Highway is Interstate 15. Other major north–south highways include U.S. Routes 87, 89, 93 and 191.
Montana and South Dakota are the only states to share a land border that is not traversed by a paved road. Highway 212, the primary paved route between the two, passes through the northeast corner of Wyoming between Montana and South Dakota.
== Law and government ==
=== Constitution ===
Montana is governed by a constitution. The first constitution was drafted by a constitutional convention in 1889, in preparation for statehood. Ninety percent of its language came from an 1884 constitution which was never acted upon by Congress for national political reasons. The 1889 constitution mimicked the structure of the United States Constitution, as well as outlining almost the same civil and political rights for citizens. However, the 1889 Montana constitution significantly restricted the power of state government, the legislature was much more powerful than the executive branch, and the jurisdiction of the District Courts very specifically described. Montana voters amended the 1889 constitution 37 times between 1889 and 1972. In 1914, Montana granted women the vote. In 1916, Montana became the first state to elect a woman, Progressive Republican Jeannette Rankin, to Congress.In 1971, Montana voters approved the call for a state constitutional convention. A new constitution was drafted, which made the legislative and executive branches much more equal in power and which was much less prescriptive in outlining powers, duties, and jurisdictions. The draft included an expanded, more progressive list of civil and political rights, extended these rights to children for the first time, transferred administration of property taxes to the counties from the state, implemented new water rights, eliminated sovereign immunity, and gave the legislature greater power to spend tax revenues. The constitution was narrowly approved, 116,415 to 113,883, and declared ratified on June 20, 1972. Three issues that the constitutional convention was unable to resolve were submitted to voters simultaneously with the proposed constitution. Voters approved the legalization of gambling, a bicameral legislature, and retention of the death penalty.The 1972 constitution has been amended 31 times as of 2015. Major amendments include establishment of a reclamation trust (funded by taxes on natural resource extraction) to restore mined land (1974); restoration of sovereign immunity, when such immunity has been approved by a two-thirds vote in each house (1974); establishment of a 90-day biennial (rather than annual) legislative session (1974); establishment of a coal tax trust fund, funded by a tax on coal extraction (1976); conversion of the mandatory decennial review of county government into a voluntary one, to be approved or disallowed by residents in each county (1978); conversion of the provision of public assistance from a mandatory civil right to a non-fundamental legislative prerogative (1988); a new constitutional right to hunt and fish (2004); a prohibition on gay marriage (2004); and a prohibition on new taxes on the sale or transfer of real property (2010). In 1992, voters approved a constitutional amendment implementing term limits for certain statewide elected executive branch offices (governor, lieutenant governor, secretary of state, state auditor, attorney general, superintendent of public instruction) and for members of the Montana Legislature. Extensive new constitutional rights for victims of crime were approved in 2016.The 1972 constitution requires that voters determine every 20 years whether to hold a new constitutional convention. Voters turned down a new convention in 1990 (84 percent no) and again in 2010 (58.6 percent no).
=== Executive ===
Montana has three branches of state government: legislative, executive, and judicial. The executive branch is headed by an elected governor. The governor is Greg Gianforte, a Republican elected in 2020. There are also nine other statewide elected offices in the executive branch: Lieutenant Governor, Attorney General, Secretary of State, State Auditor (who also serves as Commissioner of Securities and Insurance), and Superintendent of Public Instruction. There are five public service commissioners, who are elected on a regional basis. (The Public Service Commission's jurisdiction is statewide.)
There are 18 departments and offices which make up the executive branch: Administration; Agriculture; Auditor (securities and insurance); Commerce; Corrections; Environmental Quality; Fish, Wildlife & Parks; Justice; Labor and Industry; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Revenue; State; and Transportation. Elementary and secondary education are overseen by the Office of Public Instruction (led by the elected superintendent of public instruction), in cooperation with the governor-appointed Board of Public Education. Higher education is overseen by a governor-appointed Board of Regents, which in turn appoints a commissioner of higher education. The Office of the Commissioner of Higher Education acts in an executive capacity on behalf of the regents and oversees the state-run Montana University System.
Independent state agencies not within a department or office include the Montana Arts Council, Montana Board of Crime Control, Montana Historical Society, Montana Public Employees Retirement Administration, Commissioner of Political Practices, the Montana Lottery, Office of the State Public Defender, Public Service Commission, the Montana School for the Deaf and Blind, the Montana State Fund (which operates the state's unemployment insurance, worker compensation, and self-insurance operations), the Montana State Library, and the Montana Teachers Retirement System.
Montana is an alcoholic beverage control state. It is an equitable distribution and no-fault divorce state. It is one of five states to have no sales tax.
=== Legislative ===
The Montana Legislature is bicameral and consists of the 50-member Montana Senate and the 100-member Montana House of Representatives. The legislature meets in the Montana State Capitol in Helena in odd-numbered years for 90 days, beginning the first weekday of the year. The deadline for a legislator to introduce a general bill is the 40th legislative day. The deadline for a legislator to introduce an appropriations, revenue, or referenda bill is the 62nd legislative day. Senators serve four-year terms, while Representatives serve two-year terms. All members are limited to serving no more than eight years in a single 16-year period.
=== Judicial ===
The Courts of Montana are established by the Constitution of Montana. The constitution requires the establishment of a Montana Supreme Court and Montana District Courts, and permits the legislature to establish Justice Courts, City Courts, Municipal Courts, and other inferior courts such as the legislature sees fit to establish.
The Montana Supreme Court is the court of last resort in the Montana court system. The constitution of 1889 provided for the election of no fewer than three Supreme Court justices, and one chief justice. Each court member served a six-year term. The legislature increased the number of justices to five in 1919. The 1972 constitution lengthened the term of office to eight years and established the minimum number of justices at five. It allowed the legislature to increase the number of justices by two, which the legislature did in 1979. The Montana Supreme Court has the authority to declare acts of the legislature and executive unconstitutional under either the Montana or U.S. constitutions. Its decisions may be appealed directly to the U.S. Supreme Court. The clerk of the Supreme Court is also an elected position and serves a six-year term. Neither justices nor the clerk is term-limited.
Montana District Courts are the courts of general jurisdiction in Montana. There are no intermediate appellate courts. District Courts have jurisdiction primarily over most civil cases, cases involving a monetary claim against the state, felony criminal cases, probate, and cases at law and in equity. When so authorized by the legislature, actions of executive branch agencies may be appealed directly to a District Court. The District Courts also have de novo appellate jurisdiction from inferior courts (city courts, justice courts, and municipal courts), and oversee naturalization proceedings. District Court judges are elected and serve six-year terms. They are not term-limited. There are 22 judicial districts in Montana, served by 56 District Courts and 46 District Court judges. The District Courts suffer from excessive workload, and the legislature has struggled to find a solution to the problem.
Montana Youth Courts were established by the Montana Youth Court Act of 1974. They are overseen by District Court judges. They consist of a chief probation officer, one or more juvenile probation officers, and support staff. Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court.
The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court. It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.
The Montana Water Court was established by the Montana Water Court Act of 1979. The Water Court consists of a chief water judge and four district water judges (Lower Missouri River Basin, Upper Missouri River Basin, Yellowstone River Basin, and Clark Fork River Basin). The court employs 12 permanent special masters. The Montana Judicial Nomination Commission develops short lists of nominees for all five Water Judges, who are then appointed by the Chief justice of the Montana Supreme Court (subject to confirmation by the Montana Senate). The Water Court adjudicates water rights claims under the Montana Water Use Act of 1973 and has statewide jurisdiction. District Courts have the authority to enforce decisions of the Water Court, but only the Montana Supreme Court has the authority to review decisions of the Water Court.
From 1889 to 1909, elections for judicial office in Montana were partisan. Beginning in 1909, these elections became nonpartisan. The Montana Supreme Court struck down the nonpartisan law in 1911 on technical grounds, but a new law was enacted in 1935 which barred political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. In 2012, the U.S. Supreme Court struck down Montana's judicial nonpartisan election law in American Tradition Partnership, Inc. v. Bullock, 567 U.S. ____ (Sup.Ct. 2012).Although candidates must remain nonpartisan, spending by partisan entities is now permitted. Spending on state supreme court races exponentially increased to $1.6 million in 2014, and to more than $1.6 million in 2016 (both new records).
=== Federal offices and courts ===
The U.S. Constitution provides each state with two senators. Montana's two U.S. senators are Jon Tester (Democrat), who was reelected in 2018, and Steve Daines (Republican), first elected in 2014 and later reelected in 2020. The U.S. Constitution provides each state with a single representative, with additional representatives apportioned based on population. From statehood in 1889 until 1913, Montana was represented in the United States House of Representatives by a single representative, elected at-large. Montana received a second representative in 1913, following the 1910 census and reapportionment. Both members, however, were still elected at-large. Beginning in 1919, Montana moved to district, rather than at-large, elections for its two House members. This created Montana's 1st congressional district in the west and Montana's 2nd congressional district in the east. In the reapportionment following the 1990 census, Montana lost one of its House seats. The remaining seat was again elected at-large. Matt Rosendale is the current officeholder.
In the reapportionment following the 2020 census, Montana regained a House seat, increasing the state's number of representatives in the House to two after a thirty-year break, starting from 2023.Montana's Senate district is the fourth largest by area, behind Alaska, Texas, and California. The most notorious of Montana's early senators was William A. Clark, a "Copper King" and one of the 50 richest Americans ever. He is well known for having bribed his way into the U.S. Senate. Among Montana's most historically prominent senators are Thomas J. Walsh (serving from 1913 to 1933), who was President-elect Franklin D. Roosevelt's choice for attorney general when he died; Burton K. Wheeler (serving from 1923 to 1947), an oft-mentioned presidential candidate and strong supporter of isolationism; Mike Mansfield, the longest-serving Senate majority leader in U.S. history; Max Baucus (served 1978 to 2014), longest-serving U.S. senator in Montana history, and the senator who shepherded the Patient Protection and Affordable Care Act through the Senate in 2010; and Lee Metcalf (served 1961 to 1978), a pioneer of the environmental movement.
Montana's House district is the largest congressional district in the United States by population, with just over 1,023,000 constituents. It is the second-largest House district by area, after Alaska's at-large congressional district. Of Montana's House delegates, Jeannette Rankin was the first woman to hold national office in the United States when she was elected to the U.S. House of Representatives in 1916. Also notable is Representative (later Senator) Thomas H. Carter, the first Catholic to serve as chairman of the Republican National Committee (from 1892 to 1896).Federal courts in Montana include the United States District Court for the District of Montana and the United States Bankruptcy Court for the District of Montana. Three former Montana politicians have been named judges on the U.S. District Court: Charles Nelson Pray (who served in the U.S. House of Representatives from 1907 to 1913), James F. Battin (who served in the U.S. House of Representatives from 1961 to 1969), and Paul G. Hatfield (who served as an appointed U.S. Senator in 1978). Brian Morris, who served as an associate justice of the Montana Supreme Court from 2005 to 2013, currently serves as a judge on the court.
== Politics ==
Elections in the state have been historically competitive, particularly for state-level offices. The Democratic Party's strength in the state is gained from support among unionized miners and railroad workers, while farmers generally vote Republican.
Montana has a history of voters splitting their tickets and filling elected offices with individuals from both parties. Through the mid-20th century, the state had a tradition of "sending the liberals to Washington and the conservatives to Helena". Between 1988 and 2006, the pattern flipped, with voters more likely to elect conservatives to federal offices. There have also been long-term shifts in party control. From 1968 through 1988, the state was dominated by the Democratic Party, with Democratic governors for a 20-year period, and a Democratic majority of both the national congressional delegation and during many sessions of the state legislature. This pattern shifted, beginning with the 1988 election when Montana elected a Republican governor for the first time since 1964 and sent a Republican to the U.S. Senate for the first time since 1948. This shift continued with the reapportionment of the state's legislative districts that took effect in 1994, when the Republican Party took control of both chambers of the state legislature, consolidating a Republican party dominance that lasted until the 2004 reapportionment produced more swing districts and a brief period of Democratic legislative majorities in the mid-2000s.Montana has voted for the Republican nominee in all but two presidential elections since 1952. The state last supported a Democrat for president in 1992, when Bill Clinton won a plurality victory. However, since 1889 the state has voted for Democratic governors 60 percent of the time, and Republican governors 40 percent of the time. In the 2008 presidential election, Montana was considered a swing state and was ultimately won by Republican John McCain by a narrow margin of two percent.At the state level, the pattern of split-ticket voting and divided government holds. Democrats hold one of the state's two U.S. Senate seats with Jon Tester. The lone congressional district has been Republican since 1996, and its Class 2 Senate seat has been held by Republican Steve Daines since 2014. The two chambers of the state's legislature had split party control from 2004 to 2010, when that year's mid-term elections decisively returned both branches to Republican control. The Montana Senate is, as of 2021, controlled by Republicans 31 to 19, and the House of Representatives is currently 67 to 33. Historically, Republicans are strongest in the east, while Democrats are strongest in the west.
Montana has only one representative in the U.S. House, having lost its second district in the 1990 census reapportionment. However it will get its second district back due to reapportionment following the 2020 census. Montana's at-large congressional district holds the largest population of any district in the country, which means its one member in the House of Representatives represents more people than any other member of the U.S. House (see List of U.S. states by population). Montana's population grew at about the national average during the 2000s, but it failed to regain its second seat in 2010.
== See also ==
Index of Montana-related articles
Outline of Montana
Timeline of Montana history
Montana portal
== Notes ==
== References ==
== Bibliography ==
== Further reading ==
== External links ==
Census of Montana
General Information About Montana
Geographic data related to Montana at OpenStreetMap
List of Searchable Databases Produced by Montana State Agencies
Montana Energy Data & Statistics—From the U.S. Department of Energy
Montana Historical Society
Montana Official Travel Information Site
Montana Official Website
Montana at Curlie
Montana State Facts From the U.S. Department of Agriculture
USGS Real-time, Geographic, and Other Scientific Resources of Montana
Media related to Montana at Wikimedia Commons
|
How many Montanans entered the miltary in the first year of the war?
|
{
"text": [
"40,000-plus"
],
"answer_start": [
20391
]
}
|
5733bdc4d058e614000b61a3
|
Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In the judgement, it is stated that the aim of the Genocide Convention, at its most simplest, is preventing the destruction of which victims?
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{
"text": [
"entire human groups"
],
"answer_start": [
12411
]
}
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5733bdc4d058e614000b61a4
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In addressing the issue of "in part," the Appeals Chamber found that the part must be a substantial part of what?
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"that group"
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12319
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5733bdc4d058e614000b61a1
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
Which phrase is especially contentious within international humanitarian law?
|
{
"text": [
"\"in whole or in part\""
],
"answer_start": [
11542
]
}
|
5733bdc4d058e614000b61a2
|
Genocide
|
Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
What 2001 case was declared genocide by the International Criminal Tribune for the Former Yugoslavia (ICTY)?
|
{
"text": [
"Prosecutor v. Radislav Krstic"
],
"answer_start": [
11969
]
}
|
5733bdc4d058e614000b61a5
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Genocide
|
Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Who contributed to guiding the Appeals chamber in its conclusion?
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"opinions of respected commentators"
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12586
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5733ba844776f41900661149
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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A definition of what, by the States, was necessary to preserve and expand genocidal law?
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"the type of group destruction"
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
In 1948, what general assembly resolution established genocide as a prosecutable act?
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{
"text": [
"the Convention on the Prevention and Punishment of the Crime of Genocide"
],
"answer_start": [
5849
]
}
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57335849d058e614000b5897
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Genocide
|
Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Following World War II, whose bid was successful in establishing the worldwide acceptance and the nascent legal definition of genocide?
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{
"text": [
"Lemkin"
],
"answer_start": [
5446
]
}
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57335849d058e614000b5898
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
Which group convened officially for the first time in 1946?
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{
"text": [
"United Nations General Assembly"
],
"answer_start": [
5597
]
}
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5733963c4776f41900660df9
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What groups did the ECHR feel should be included as potential victims of genocide?
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{
"text": [
"national, racial, religious or ethnic"
],
"answer_start": [
10503
]
}
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5733c3c7d058e614000b61ef
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Several considerations were involved in meeting the requirement to determine what?
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"when the targeted part is substantial enough"
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12752
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5733c3c7d058e614000b61f0
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What is the key aspect of the targeted part of the group at the starting point of the inquiry?
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"The numeric size"
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12862
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5733c3c7d058e614000b61f2
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In addition to the numeric size of a targeted group, what other consideration was useful to the ICTY?
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{
"text": [
"prominence within the group"
],
"answer_start": [
13222
]
}
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5733c6224776f419006611f4
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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The issue of what is raised by judges in Paragraph 13?
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"text": [
"perpetrators' access to the victims"
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13558
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5733c6224776f419006611f5
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What is the basis for suggesting that several factors regarding the activity of the perpetrators be considered?
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"historical examples of genocide"
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13600
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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The extent of what by the perpetrators was considered in an examination of their activity and level of control?
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"possible extent of their reach"
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
What will always be restricted in terms of a perpetrator's intent to destroy?
|
{
"text": [
"the opportunity presented to him"
],
"answer_start": [
13859
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|
5733c6224776f419006611f8
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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While the factor cannot independently indicate if the targeted group is substantial, it can do what?
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{
"text": [
"inform the analysis"
],
"answer_start": [
14019
]
}
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5733ce494776f41900661298
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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On which date did the Genocide Convention become effective?
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{
"text": [
"12 January 1951"
],
"answer_start": [
22872
]
}
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5733ce494776f41900661299
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What was the minimum number of countries necessary to form parties?
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22906
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5733ce494776f4190066129a
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
Of the five permanent members of the UN Security Council, how many were parties to the treaty?
|
{
"text": [
"only two"
],
"answer_start": [
22957
]
}
|
5733ce494776f4190066129b
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Genocide
|
Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What member ratified in 1970?
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{
"text": [
"the United Kingdom"
],
"answer_start": [
23120
]
}
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5733cf6a4776f419006612a2
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In 1998 it was written that the CPPCG was a legal entity resulting in which type of compromise?
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"a diplomatic compromise"
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24690
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5733cf6a4776f419006612a3
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Rather than a definition, the text of the treaty is considered as what type of tool?
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5733cf6a4776f419006612a5
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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The writers Jonassohn and Bjornson cite various reasons for the lack of widespread support of what?
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"alternative definitions"
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25024
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5733f7b64776f419006615e3
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
What two writers examined the lack of an accepted and singular definition for genocide?
|
{
"text": [
"Jonassohn and Björnson"
],
"answer_start": [
25100
]
}
|
5733f7b64776f419006615e4
|
Genocide
|
Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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The two writers suggested that academics adjusted what in their different definitions to assist them in interpreting events?
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"their focus"
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Some historians were critical of what exclusion in the definition of victims of genocide?
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"social and political groups"
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25642
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5733f9c64776f41900661616
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In what book did Kakar contend that the international definition of genocide was too narrow?
|
{
"text": [
"The Soviet Invasion and the Afghan Response"
],
"answer_start": [
25821
]
}
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5733f9c64776f41900661617
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Kakar argued that the definition should include any group defined by the perpetrator and which other group?
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"text": [
"political groups"
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"answer_start": [
25975
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5733f9c64776f41900661618
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In the writing of Chalk and Jonassohn, what is stated to be a form of one-sided mass killing?
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{
"text": [
"Genocide"
],
"answer_start": [
26068
]
}
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5733f9c64776f41900661619
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In further elaborating on the definition, how did Chalk and Jonassohn phrase the intention of the perpetrator?
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{
"text": [
"intends to destroy a group"
],
"answer_start": [
26149
]
}
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5733fb934776f41900661637
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Harff and Gurr's definition of genocide included the promotion and execution of what, by a state or its agents?
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"policies"
],
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26453
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5733fb934776f41900661639
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What was important to Harff and Gurr to distinguish from genocides?
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{
"text": [
"politicides"
],
"answer_start": [
26748
]
}
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5733fb934776f4190066163a
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Along with ethnicity and and religion, what other characteristic defined a member of a victimized group?
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{
"text": [
"nationality"
],
"answer_start": [
26971
]
}
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5733fcd5d058e614000b6718
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Rummel postulates that murder of people of government is due to national, ethnic, racial and which other membership?
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{
"text": [
"religious group"
],
"answer_start": [
27659
]
}
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5733fcd5d058e614000b671a
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Included in the CPPCG is non-killings that ultimately achieve what end?
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{
"text": [
"eliminate the group"
],
"answer_start": [
27883
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5733fcd5d058e614000b671b
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In the interpretation of non-killings, the CPPCG cites the forceful relocation of children along with what other factor?
|
{
"text": [
"preventing births"
],
"answer_start": [
27912
]
}
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57340136d058e614000b6783
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In terms of failed states and non-state actors, the possession of weapons of mass destruction was an issue examined by which writer?
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{
"text": [
"Adrian Gallagher"
],
"answer_start": [
28472
]
}
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57340136d058e614000b6784
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In Gallagher's definition of genocide, a source of what is malicious in it implementation of the destruction of a group?
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"collective power"
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28527
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57340136d058e614000b6785
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Gallagher's definition upholds the centrality of what?
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57340136d058e614000b6786
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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The centrality of intent broadens what definition, beyond the 1948 one?
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"group identity"
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57340136d058e614000b6787
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In order for a genocide classification to happen, a major part of a group has to be what?
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{
"text": [
"destroyed"
],
"answer_start": [
28997
]
}
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573402a3d058e614000b6797
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Signatories to the CPPC are required to prevent and punish what?
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{
"text": [
"acts of genocide"
],
"answer_start": [
29177
]
}
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573402a3d058e614000b6798
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
During which times can a perpetrator of genocide be charged?
|
{
"text": [
"both in peace and wartime"
],
"answer_start": [
29195
]
}
|
573402a3d058e614000b6799
|
Genocide
|
Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In enforcing a charge of genocide, what loophole do many of the signatories possess?
|
{
"text": [
"no claim of genocide could be brought against them"
],
"answer_start": [
29475
]
}
|
573402a3d058e614000b679a
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
What major western power is exempt from charges or claims of genocide against itself?
|
{
"text": [
"the United States"
],
"answer_start": [
29389
]
}
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573402a3d058e614000b679b
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
Along with Cyprus, what other major signatory official protested the the immunity of others from prosecution of genocide?
|
{
"text": [
"Norway"
],
"answer_start": [
29656
]
}
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573406d84776f41900661731
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Which court dismissed Nikola Jorgic's appeal against his conviction for genocide by a German court?
|
{
"text": [
"European Court of Human Rights"
],
"answer_start": [
32058
]
}
|
573406d84776f41900661732
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In Jorgic v. Germany, what about the German courts was later rejected by international courts hearing similar cases?
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{
"text": [
"wider interpretation of genocide"
],
"answer_start": [
32236
]
}
|
573406d84776f41900661733
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
The ECHR noted that among certain academics, what act carried out by the Serbs agains Bosnian Muslims and Croats did not constitute genocide?
|
{
"text": [
"ethnic cleansing"
],
"answer_start": [
32446
]
}
|
573406d84776f41900661734
|
Genocide
|
Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
The ethnic cleansing perpetrated by the Serbs against Bosnia-Herzegovina was conducted with what ultimate goal in mind?
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{
"text": [
"expel Muslims and Croats from their homes"
],
"answer_start": [
32560
]
}
|
573406d84776f41900661735
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Genocide
|
Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Conversely the scholars who did view the Serbs' acts as constituting genocide, were backed up by what Tribunal?
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"text": [
"the ICTY"
],
"answer_start": [
32753
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5734087f4776f4190066174d
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
In the 1990s, how many people were indicted for war crimes that were officially defined as genocide?
|
{
"text": [
"About 30"
],
"answer_start": [
33026
]
}
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5734087f4776f4190066174e
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Convicted perpetrators Popovic and Beara were found guilty of genocide despite what evasive action?
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{
"text": [
"several plea bargains"
],
"answer_start": [
33166
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}
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5734087f4776f4190066174f
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Tolimir was found guilty of both genocide and what other charge?
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{
"text": [
"conspiracy to commit genocide"
],
"answer_start": [
33409
]
}
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5734087f4776f41900661750
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Another charge beyond the act of genocide and for which Krstic and Nikolic were found guilty was what?
|
{
"text": [
"aiding and abetting genocide"
],
"answer_start": [
33517
]
}
|
5734087f4776f41900661751
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Three others were charged with participating in genocides in Bosnia by which country's courts?
|
{
"text": [
"German courts"
],
"answer_start": [
33626
]
}
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57340aae4776f41900661790
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What event occurred in March 2006 that essentially ended Milosevic's trial?
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"He died"
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34074
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57340aae4776f41900661792
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
With Milosevic dead, who did the ICTY next charge with crimes of genocide in 1995?
|
{
"text": [
"Radovan Karadžić and Ratko Mladić"
],
"answer_start": [
34316
]
}
|
57340aae4776f41900661791
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Had Milosevic not died, what charges might he have been convicted of?
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{
"text": [
"genocide or complicity in genocide"
],
"answer_start": [
34140
]
}
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57340aae4776f4190066178f
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
Which former president was by far the most senior politician to be accused of genocidal crimes by the ICTY?
|
{
"text": [
"Slobodan Milošević"
],
"answer_start": [
33936
]
}
|
57340c46d058e614000b6893
|
Genocide
|
Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What court was established under the aegis of the United Nations to prosecute genocidal crimes in Rwanda?
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{
"text": [
"International Criminal Tribunal for Rwanda (ICTR)"
],
"answer_start": [
35002
]
}
|
57340c46d058e614000b6894
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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The prosecutorial efforts of the ICTR focused on genocidal acts that took place during which time period?
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{
"text": [
"April 1994"
],
"answer_start": [
35204
]
}
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57340c46d058e614000b6895
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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the ICTR was created in November 1995 by which branch of the UN?
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{
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"the Security Council of the United Nations"
],
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35282
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57340c46d058e614000b6896
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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The ICTR was established for the purpose of convicting those responsible for acts of genocide and what other charges?
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{
"text": [
"serious violations of the international law"
],
"answer_start": [
35403
]
}
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57340c46d058e614000b6897
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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The charges of genocide brought up by the ICTR were against what group of people?
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{
"text": [
"Rwandan citizens"
],
"answer_start": [
35491
]
}
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57340e5dd058e614000b68b9
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What has been widely debated as a possible act of genocide in Sudan?
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"situation in Darfur"
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39611
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57340e5dd058e614000b68ba
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
In 2003 what well known U.S. Secretary of State declared the situation in Darfur as an act of genocide?
|
{
"text": [
"Colin Powell"
],
"answer_start": [
39768
]
}
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57340e5dd058e614000b68bb
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In front of which committee did Powell testify?
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{
"text": [
"the Senate Foreign Relations Committee"
],
"answer_start": [
39821
]
}
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57340e5dd058e614000b68bc
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What did UN Security Council Resolution 1564 authorize in 2004?
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{
"text": [
"an International Commission of Inquiry on Darfur"
],
"answer_start": [
39978
]
}
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57340e5dd058e614000b68bd
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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Despite some concessions, what act did the Commission ultimately state that Sudan had not pursued?
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"genocidal policy"
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40273
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57340f5bd058e614000b68cd
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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To whom did the Security Council officially refer the situation in Darfur?
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"Prosecutor of the International Criminal Court"
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40766
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What was taken into account, without mentioning specific crimes?
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57340f5bd058e614000b68cf
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
China and what other permanent member of the Security Council abstained from the vote on the referral resolution?
|
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"the United States"
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"answer_start": [
40947
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57340f5bd058e614000b68d0
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In which number report to the Council did the Prosecutor concede that crimes had been committed but evidence for prosecution was insufficient?
|
{
"text": [
"his fourth report"
],
"answer_start": [
41034
]
}
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573410864776f419006617e5
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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In the build-up to genocide, what have other authors focused on?
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"structural conditions"
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45146
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573410864776f419006617e6
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
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What processes are thought to create an evolution toward genocide?
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{
"text": [
"psychological and social"
],
"answer_start": [
45199
]
}
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573410864776f419006617e7
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
Who revealed the starting points of this evolution to be economic deterioration and political confusion?
|
{
"text": [
"Ervin Staub"
],
"answer_start": [
45276
]
}
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573410864776f419006617e8
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Genocide
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Genocide is the attempted destruction of a people, usually defined as an ethnic, national, racial, or religious group. Raphael Lemkin coined the term in 1944, combining the Greek word γένος (genos, "race, people") with the Latin suffix -caedo ("act of killing").In 1948, the United Nations Genocide Convention defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly.The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human evil. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
== Etymology ==
Before the term genocide was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (Völkermord, lit. 'murder of a people') and Polish (ludobójstwo, lit. 'killing of a people or nation'). In 1941, Winston Churchill, when describing the German invasion of the Soviet Union, spoke of "a crime without a name". In 1944, Raphael Lemkin coined the term genocide as a combination of the Ancient Greek word génos (γένος, meaning "race" or "people") with the Latin caedere, "to kill"; his book Axis Rule in Occupied Europe (1944) describes the implementation of Nazi policies in occupied Europe and mentions earlier mass killings. After reading about the 1921 assassination of Talat Pasha, the main architect of the Armenian genocide, by Armenian Soghomon Tehlirian, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."Lemkin defined genocide as follows:
New conceptions require new terms. By "genocide" we mean the destruction of a nation or of an ethnic group. This new word, coined by the author to denote an old practice in its modern development, is made from the ancient Greek word genos (race, tribe) and the Latin cide (killing), thus corresponding in its formation to such words as tyrannicide, homicide, infanticide, etc. Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The preamble to the 1948 Genocide Convention (CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg Trials that the United Nations defined the crime of genocide under international law in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in The New York Times announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.
== Crime ==
=== Pre-criminalization view ===
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson.
=== International law ===
After the Holocaust, which had been perpetrated by Nazi Germany prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly adopted a resolution that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.
Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and the spirit and aims of the United Nations. Many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.
The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:
... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
Incitement to genocide is recognized as a separate crime under international law and an inchoate crime which does not require genocide to have taken place to be prosecutable.The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress and Raphael Lemkin's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union, a permanent United Nations Security Council member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge. Lemkin, who coined genocide, approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States, feared that including political groups in the definition would invite international intervention in domestic politics.By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in Axis Rule in Occupied Europe, covering Stalinist deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.
=== Intent ===
Under international law, genocide has two mental (mens rea) elements: the general mental element and the element of specific intent (dolus specialis). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
==== "Intent to destroy" ====
In 2007, the European Court of Human Rights (ECHR) noted in its judgement on Jorgic v. Germany case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal laws, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
==== "In whole or in part" ====
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004) paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
==== "A national, ethnic, racial or religious group" ====
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide, Hutus and Tutsis were often physically indistinguishable.In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
=== Acts ===
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.
==== Killing members of the group ====
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape and torture, are recognized as falling under the first prohibited act.A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
==== Causing serious bodily or mental harm to members of the group Article II(b) ====
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and International Criminal Tribunal for the Former Yugoslavia (ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.Torture and other cruel, inhuman, or degrading treatment or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
==== Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction ====
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act. The drafters incorporated the act to account for the horrors of the Nazi concentration camps and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur, and the destruction and razing of communities in Burma.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
==== Imposing measures intended to prevent births within the group ====
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization, forced abortion, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate her and thereby forcing her to carry a child of another group (in societies where group identity is determined by patrilineal identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
==== Forcibly transferring children of the group to another group ====
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.
=== Convention on the Prevention and Punishment of the Crime of Genocide ===
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
=== UN Security Council Resolution 1674 ===
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution committed the council to action to protect civilians in armed conflict.In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
=== Municipal law ===
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.
== Other definitions of genocide ==
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons. Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and Rudolph Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff, and Ted Gurr have looked at post-World War II events.The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia, France, and Spain include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... [when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicides by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogroms', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
== International prosecution ==
=== By ad hoc tribunals ===
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War.It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
==== Nuremberg Tribunal (1945–1946) ====
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international laws, such as crimes against humanity, as the crime of "genocide' was not formally defined until the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
==== International Criminal Tribunal for the Former Yugoslavia (1993–2017) ====
The term Bosnian genocide is used to refer either to the killings committed by Serb forces in Srebrenica in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War.In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court (Jorgic v. Germany) noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date, after several plea bargains and some convictions that were successfully challenged on appeal two men, Vujadin Popović and Ljubiša Beara, have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina (See List of Bosnian genocide prosecutions).
Slobodan Milošević, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić and Ratko Mladić on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
==== International Criminal Tribunal for Rwanda (1994–present) ====
The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.
==== Extraordinary Chambers in the Courts of Cambodia (2003–present) ====
The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.The genocide charges related to killings of Cambodia's Vietnamese and Cham minorities, which is estimated to make up tens of thousand killings and possibly moreThe investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
Kang Kek Iew was formally charged with a war crime and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
Nuon Chea, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Khieu Samphan, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
Ieng Sary, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
Ieng Thirith, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.
=== By the International Criminal Court ===
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
==== Darfur, Sudan ====
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide." Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia
Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.On 14 July 2008, prosecutors at the International Criminal Court (ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
== Examples ==
The concept of genocide can be applied to historical events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide, while in Turkey referring to the Armenian genocide, Greek genocide, and Sayfo, and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301.Historian William Rubinstein argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
The 'Age of Totalitarianism' included nearly all of the infamous examples of genocide in modern history, headed by the Jewish Holocaust, but also comprising the mass murders and purges of the Communist world, other mass killings carried out by Nazi Germany and its allies, and also the Armenian genocide of 1915. All these slaughters, it is argued here, had a common origin, the collapse of the elite structure and normal modes of government of much of central, eastern and southern Europe as a result of the First World War, without which surely neither Communism nor Fascism would have existed except in the minds of unknown agitators and crackpots.
== Stages, risk factors, and prevention ==
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State. In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses criticised genocide studies due to its "rather poor record of ending genocide".
== See also ==
=== Research ===
== References ==
== Further reading ==
== External links ==
=== Documents ===
"Voices of the Holocaust". British Library.
"Convention on the Prevention and Punishment of the Crime of Genocide] (1948) – full text". Genocide Convention.
"Whitaker Report".
Gregory H. Stanton. "8 Stages of Genocide".
=== Research institutes, advocacy groups, and other organizations ===
"Institute for the Study of Genocide".
"International Association of Genocide Scholars".
"International Network of Genocide Scholars (INoGS)".
"United to End Genocide". merger of Save Darfur Coalition and the Genocide Intervention Network
"Simon-Skjodt Center for the Prevention of Genocide]". United States Holocaust Memorial Museum.
"Auschwitz Institute for Peace and Reconciliation".
"Center for Holocaust and Genocide Studies". Amsterdam, the Netherlands.
"Center for Holocaust and Genocide Studies". University of Minnesota.
"Genocide Studies Program". Yale University.
"Montreal Institute for Genocide Studies". Concordia University.
"Minorities at Risk Project". University of Maryland.
"Budapest Centre for Mass Atrocities Prevention".
|
A history of what is just one factor that contributes to the probability of violence developing into genocide?
|
{
"text": [
"devaluation of the group"
],
"answer_start": [
45581
]
}
|
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