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Paper Title:
The legal definition of Genocide in the 1948 Convention is outdated and unlikely to meet the challenges of hate crimes in the 21st Century. It is ripe for reform.
Genocide—what Winston Churchill called the "crime with no name" back in 1941 during the Nazi invasion of the Soviet Union—shows just how brutally systematic humans can get. Think ancient wipeouts like Carthage or Genghis Khan's rampages, all the way to colonial horrors like the Herero massacres. The word itself only popped up after World War II, baked into the 1948 Genocide Convention, which pins it down as deliberate acts to wipe out a national, ethnic, racial, or religious group, fully or partly.
But that tight definition—stuck on just four group types and needing rock-solid intent—leaves a ton of today's mass killings, hate-driven persecutions, and gender violence in a gray area. Other laws like crimes against humanity or hate crimes don't quite cover it.
Courts have stretched the rules creatively, rethinking groups and what counts as genocidal acts. Still, this paper argues it's not enough for 21st-century threats. We need real fixes—doctrinal tweaks and maybe even rewriting the text—to make the law match the world's ugly realities.
Keywords:
Genocide, Rwanda Genocide, Kashmiri Pandits, Genocide Convention 1948, Protected Groups, Gender and the Genocide, Hate speech
Cite Article:
"The legal definition of Genocide in the 1948 Convention is outdated and unlikely to meet the challenges of hate crimes in the 21st Century. It is ripe for reform.", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2456-3315, Vol.11, Issue 3, page no.b111-b116, March-2026, Available :http://www.ijrti.org/papers/IJRTI2603117.pdf
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2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator