A/CONF.189/PC.1/7
page 45
37
Unlike a number of authors, we do not think that articles 18 and 27 are duplicative. Article 18
is not just a repetition of the clause prohibiting discrimination on religious grounds set out in
article 27 for the benefit of religious minorities, as article 27 deals with the protection of a
particular category not of rights but of persons who may, as we have already said, be identified
with multiple groups.
38
The Statute of the International Criminal Court also regards as a crime against humanity
persecution against any identifiable group or collectivity on ethnic or religious grounds,
(see art. 7, para. 1(h)). Similarly, in armed conflicts, intentionally directing attacks against
buildings dedicated to religion is considered by the Statute to be a war crime (art. 8,
para. 2 (b) (ix)). Minorities and ethnic and religious groups are thus protected against these three
crimes, including crimes not only against people but against property (war crimes).
39
For a more detailed study of the status of international law on genocide in 1978,
see Nicodème Ruhashyankiko, Special Rapporteur, “Study of the question of the prevention and
punishment of the crime of genocide”, Sub-Commission on Prevention of Discrimination and
Protection of Minorities (E/CN.4/Sub.2/416, 4 July 1978).
40
See General Assembly resolution 96(I) of 11 December 1946 on the crime of genocide, see
also the advisory opinion on reservations to the Convention on Genocide, ICJ Reports 1951,
p.23.
41
See article 4 of the Statute of the International Criminal Tribunal for the Former Yugoslavia
and article 6 of the Rome Convention, which reproduce the text of article II of the 1948
Convention.
42
Ibid.
43
Joe Verhoeven points out this ambiguity in his article, “Le crime de génocide, originalité et
ambiguïté”, Revue belge de droit international, 1991, I, pp. 6 to 26; see also Maria Castillo,
“La compétence du Tribunal pénal pour la Yougoslavie”, Revue générale de droit international
public, 1994, pp. 62 to 87, and especially, pp. 69 et seq.
44
A proposal to include “cultural genocide” in the 1948 Convention was rejected, to much
subsequent regret. See Ruhashyankiko, op. cit., paras. 441 to 449; Verhoeven, loc. cit., p. 16.
45
Prosecutor v. Rodovan Karadzic and Ratko Mladic, consideration of bill of indictment in the
framework of article 61 of the Rules of Procedure and Evidence, decision of the Trial Chamber,
ICTY, 11 July 1996, cases Nos. IT-95-5-R61 and IT-95-18-R61.
46
Loc. cit., p. 16. Concerning this aspect, see also conclusions of the Bosnian Government in
connection with its complaint against Serbia before the International Court of Justice, concerning
the application of the Convention for the Prevention and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Yugoslavia), Preliminary objections, 11 July 1996, paras. 13 and 14.