- Title
- An analysis of the elements of genocide with reference to the South African farmer's case
- Creator
- Du Toit, Johanna Helena
- Subject
- Genocide -- South Africa
- Subject
- Human rights -- South Africa
- Subject
- Farmers -- South Africa
- Date Issued
- 2011
- Date
- 2011
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- vital:10168
- Identifier
- http://hdl.handle.net/10948/1568
- Identifier
- Genocide -- South Africa
- Identifier
- Human rights -- South Africa
- Identifier
- Farmers -- South Africa
- Description
- The definition of genocide encompasses not only the killing of a protected group as is so often erroneously believed, but also inter alia the causing of serious bodily and mental harm to a group and deliberately inflicting conditions of life on a group calculated to bring about its destruction in whole or in part. Eight stages have been identified through which conventional genocide goes. There is a closed list of four groups named in the Genocide Convention in respect of which genocide can be perpetrated. Problems have been experienced with the classification and the determination whether a group should qualify or not. In answer to this problem, the definition of the groups should be seen cohesively and attempts should preferably not be made to compartmentalise any group suspected of being targeted for genocide. The special intent required for genocide sets it apart from other crimes against humanity. The intention that needs to be proven is the desire to exterminate a group as such in whole or in part. The mention of “in part” opens the door for genocide to be perpetrated against a small sub-group which conforms to the definition of a group. The white Afrikaner farmer forms part of the larger white Afrikaner group residing in South Africa. Incitement to genocide is an inchoate crime and is regarded as a lesser crime reflected in lower sentences being passed for incitement than for genocide itself. The requirements are that the incitement must be direct and public. The required intention to incite must also be proven for a conviction to follow. The farmer who laid the complaint with the International Criminal Court, did so in the hope that the Prosecutor would utilise his or her proprio motu powers to instigate an investigation in South Africa regarding white Afrikaner farmers. The complaint and petition as well as the statistics used by the farmer paint the picture of incitement to genocide and possible genocide. The allegations are not specific and will have to be proven in a court of law for any such finding to follow.
- Description
- Abstract
- Format
- iv, 103 leaves
- Format
- Publisher
- Nelson Mandela Metropolitan University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela Metropolitan University
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NMMU Department of Criminal and Procedural Law
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