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Exploring Critical Issues in Religious Genocide: Case Studies of Violence in Tibet, Iraq and Gujarat

52 Pages Posted: 19 Jan 2014 Last revised: 5 Mar 2014

Robert Petit

Extraordinary Chambers in the Courts of Cambodia (ECCC)

Stuart Ford

The John Marshall Law School

Neha Jain

University of Minnesota - Twin Cities - School of Law

Date Written: September 28, 2007

Abstract

Religious genocide appears to be a small part of existing genocide jurisprudence. Most of the well-known genocide trials have focused on racial, national, or ethnic genocide, even when a claim of religious genocide seemed possible. For example, the International Military Tribunal (IMT) at Nuremberg treated the persecution of the Jews as racial in nature, although it could also have been viewed as religious. In its most famous genocide decision, the International Criminal Tribunal for the former Yugoslavia (ICTY) found that Bosnian Muslims represented a distinct national group, even as it tacitly acknowledged that the Bosnian Muslims could be a religious group. The International Criminal Tribunal for Rwanda (ICTR) has consistently concluded that the genocide committed in Rwanda was ethnic in nature. In short, criminal cases of religious genocide are quite rare. This article explores the contours of religious genocide through case studies of religious violence in Tibet, Iraq and Gujarat.

Keywords: genocide, Tibet, Iraq, Gujarat, violence, religous, international criminal law

JEL Classification: K14, K33

Suggested Citation

Petit, Robert and Ford, Stuart and Jain, Neha, Exploring Critical Issues in Religious Genocide: Case Studies of Violence in Tibet, Iraq and Gujarat (September 28, 2007). Case Western Reserve Journal of International Law, Vol. 40, No. 1, 2007. Available at SSRN: https://ssrn.com/abstract=2380308

Robert Petit

Extraordinary Chambers in the Courts of Cambodia (ECCC)

National Road 4, Chaom Chau Commune
P.O. BOX 71, Phnom Penh
Phnom Penh
Cambodia

Stuart Ford (Contact Author)

The John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

HOME PAGE: http://www.jmls.edu/directory/profiles/ford-stuart/

Neha Jain

University of Minnesota - Twin Cities - School of Law ( email )

229-19th Avenue South
Minneapolis, MN 55455
United States

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