Thesis
“Taking Article 2(e) Seriously: Forcible Child Transfers and the Convention on the Prevention and Punishment of the Crime of Genocide”
(2009)
Abstract
The 1948 Genocide Convention, Article 2(e) declares that the forcible transfer of children from a protectedgroup to another group is an act that amounts to genocide when it is conducted "with intent to destroy" the group, "as such," at least "in part." Although listed co-equally with mass killing andforced sterilizations,anddespitewhatappearto be repeatedviolations,thisprovisionhas receivedlittleattention. This Article lays out the prima facie elements that must be satisfied to bring a claim ofgenocidalforcible childtransfer.Itassertsthataperpetrator'smixed intentsorbenevolentmotivationstowardtheindividual children involved will not absolve the perpetrator when forcible child transfers amount to genocide. This Article also places Article 2(e) in historicalcontext by considering the factors that led to its inclusion in the Genocide Convention, and contextualizes 2(e) within the emerging internationalcase law on genocide. In addition,by fully developing theargumentsaroundArticle 2(e), thisArticle broadenscurrentconcep-tions ofgenocide.Inparticular,it challengescurrentdoctrine,which limitsculpabilitytopurelyphysical and biological destruction, by exploring the manner in which forcible child transfer has cultural effectsthat destroy protected groups. Finally, this Article highlights several programs, including the American Indian boarding school program and Australia's Aboriginal removal programs, and argues that these could be consideredgenocide.
Keywords
- Genocide,
- Family Separation,
- Child Removal,
- Genocide Convention,
- International Law
Disciplines
Publication Date
2009
Degree
LLM
Field of study
Law
Department
Law
DOI
10.14288/1.0077727
Citation Information
Kurt Mundorff. "“Taking Article 2(e) Seriously: Forcible Child Transfers and the Convention on the Prevention and Punishment of the Crime of Genocide”" (2009) Available at: http://works.bepress.com/kurt_mundorff/7/