Gerd Hankel | Völkermord. Überlegungen zu einem umkämpften Begriff

Book Presentation & Discussion

A New Perspective on the Significance of International Criminal Law

The term “genocide” is divisive. The accusation that an actor has committed genocide is the gravest possible charge—and attempts to refute it are correspondingly vehement. Like the mark of Cain, this verdict can haunt perpetrators and perpetrator states for generations. This makes it all the more important to closely and critically examine current expansions of the concept. What often takes a back seat in these debates is this: first and foremost, genocide is about murder—mass murder—committed against a specific population group. Other acts that also fall under the definition of genocide according to the Genocide Convention but do not relate to immediate physical extermination should be considered only as supplementary elements. Slogans such as “Never again” or “Never again is now” polarize opinion. What some consider legitimate emphasis
can come at the expense of conceptual clarity. An all-or-nothing stance that, by focusing on the charge of genocide, relegates other serious violations of international law—such as war crimes and crimes against humanity—to matters of secondary importance must be critically examined. Gerd Hankel’s essay provides guidance on this matter.

Gerd Hankel is an international law scholar and linguist who has worked in and on East Africa for more than two decades. Hankel is a member of the Working Group on International Criminal Law and serves as an expert witness in cases involving asylum law and international criminal law.