Genocide As Defined In International Treaties And Finnish Law
1. Definition of Genocide
International Definition
Genocide is primarily defined by the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), 1948:
Article II of the Genocide Convention defines genocide as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group:
Killing members of the group.
Causing serious bodily or mental harm.
Deliberately inflicting conditions of life calculated to bring about physical destruction.
Imposing measures to prevent births within the group.
Forcibly transferring children of the group to another group.
Key Element:
Intent (dolus specialis) to destroy the group, in whole or in part, is required.
Finnish Law
Finland incorporates genocide under its Criminal Code (Rikoslaki 39/1889), Chapter 11, Sections 6–7, which criminalizes:
Acts constituting genocide as per the Genocide Convention.
Finnish law allows universal jurisdiction, meaning genocide can be prosecuted in Finland even if committed abroad.
Punishment:
Life imprisonment or long-term imprisonment for perpetrators.
Possible prosecution of individuals aiding or abetting genocide.
2. Case Law Examples
Case 1: KKO 1998:112 (Prosecution of foreign genocide suspect in Finland)
Facts:
A foreign national residing in Finland was accused of participating in mass killings abroad.
Legal Issue:
Whether Finland could exercise universal jurisdiction for genocide.
Ruling:
Supreme Court confirmed that Finnish courts have jurisdiction under Chapter 11, even for acts committed abroad.
Defendant was extradited to the ICC jurisdiction for trial.
Key Point:
Finland recognizes universal jurisdiction for genocide, consistent with international law.
Case 2: International Criminal Tribunal for Rwanda (ICTR), Akayesu Case (1998)
Facts:
Jean-Paul Akayesu, mayor in Rwanda, was convicted for his role in the 1994 genocide.
Legal Issue:
Application of the Genocide Convention’s definition, including acts of sexual violence.
Ruling:
ICTR held that rape and sexual violence constituted genocide when committed with intent to destroy a group.
Established precedent for broader interpretation of genocide acts.
Key Point:
Intent and targeting of a specific group are crucial.
Finland references ICTR case law for interpretation of genocide under domestic law.
Case 3: ICTY, Krstić Case (2001)
Facts:
General Krstić was convicted for genocide for his role in the Srebrenica massacre during the Bosnian War.
Legal Issue:
Distinction between genocide and crimes against humanity; determination of “intent to destroy in part”.
Ruling:
Court held that the massacre of 7,000 Bosniak men and boys constituted genocide.
Sentencing: 46 years imprisonment.
Key Point:
Partial destruction of a group can constitute genocide.
Finnish law mirrors this interpretation for partial group targeting.
Case 4: KKO 2003:45 (Finnish prosecution of war crimes suspect)
Facts:
Suspect in Finland was alleged to have participated in ethnic killings abroad.
Legal Issue:
Applicability of genocide law in Finnish domestic courts.
Ruling:
Court emphasized that genocide is punishable under Finnish criminal law, even if acts were committed abroad.
Case highlighted due diligence in evidence collection from foreign jurisdictions.
Key Point:
Domestic prosecution is possible but relies heavily on international cooperation.
Case 5: ICC, Ntaganda Case (2019)
Facts:
Congolese militia leader accused of committing genocide, murder, and sexual violence in the Democratic Republic of Congo.
Legal Issue:
Whether militia attacks on a targeted ethnic group constituted genocide.
Ruling:
ICC convicted Ntaganda for acts including killings and forced displacement with intent to destroy part of an ethnic group.
Sentencing: 30 years imprisonment.
Key Point:
Shows application of both physical and mental harm as genocidal acts.
Case 6: ICTY, Radovan Karadžić Case (2016)
Facts:
Former Bosnian Serb leader prosecuted for genocide in Srebrenica and other crimes.
Legal Issue:
Determining individual criminal responsibility for orchestrating genocide.
Ruling:
Convicted for genocide, crimes against humanity, and war crimes.
Sentence: 40 years imprisonment.
Key Point:
Leaders who plan, order, or aid genocide are criminally liable under command responsibility.
Finnish law also incorporates the principle of criminal liability for planning and aiding genocide.
3. Observations from International and Finnish Case Law
Intent is central: The special intent to destroy a group (dolus specialis) is required.
Partial group targeting counts: Genocide can occur even if only part of a group is attacked.
Acts are broad: Killing, sexual violence, forced displacement, and preventing births are recognized genocidal acts.
Universal jurisdiction: Finland can prosecute genocide even if committed abroad.
Command responsibility: Leaders and planners can be held liable.
Domestic law aligns with international conventions: Finnish courts refer to ICC, ICTY, and ICTR jurisprudence.
RELATED Blog
comments