A/CONF.189/PC.1/7 page 46 47 As Castillo notes, loc. cit., p.75, the general philosophy underlying instruments on genocide is that the perpetrator must be sought beyond the Governmental veil. Article 5 of the ICTY Statute adopts a definition which covers acts by individuals; see also article 25 of the Statute of the International Criminal Court, which explicitly covers the criminal responsibility of natural persons. 48 In “De la piraterie au génocide ... Les nouvelles modalites de la repression universelle”, Mélanges G. Ripert, t.1, p. 245. 49 See Castillo, loc. cit., p. 71. The relevant instruments all use the plural when referring to victims of genocide: killing “members” of a group, preventing “births” within the group, forcibly transferring “children” of the group. See article 2 of the Convention of 9 December 1948, article 4 of the ICTY Statute and article 6 of the Statute of the International Criminal Court of 17 July 1998. 50 See paragraph 8 of the commentary to draft article 17 of the draft Code of Crimes against the Peace and Security of Mankind, report of the International Law Commission on the work of its forty-eighth session (A/51/10, chap. II, p. 2). Legal writers also speak of a “significant section” of the group, see Mr. B. Whitaker, Special Rapporteur, “Revised and updated report on 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.2/1985/6, 2 July 1985, para. 29). See also Yves Ternon, L'Etat criminel, les génocides au XXe siècle, Paris, Le Seuil, 1995, pp. 74-76. 51 Loc. cit., p. 24. 52 Verhoeven, a proponent of this argument, explains that the number of victims is not without importance, especially in determining the penalty. 53 On this argument, see Verhoeven, loc. cit., p. 18; see also Stefan Glaser, Droit international pénal conventionnel, Bruxelles, Bruylant, 1970, p. 112; Antonio Planzer, Saint-Gall, Le crime de génocide, 1956, pp. 86 and 93. 54 Unfortunately, some cases of genocide only reach public opinion through media coverage! As many writers have said, before the event, preparations for genocide are hidden; during the event, its occurrence is denied; after the event, its very nature is denied. This tragic combination can be found in Nazi Germany, Rwanda and Kosovo, where the actual genocide was preceded by political and psychological preparations and a discriminatory process the seriousness of which was hidden from international public opinion. 55 Prosecutor v. Dragan Nikolic alias “Jenki”, consideration of the bill of indictment in the framework of article 61 of the Rules of Procedure and Evidence, decision of the Trial Chamber, ICTY, 20 October 1995, case No. IT-94-2-R-61. 56 See p. 21, para. 34.