Introduction

Abstract

To illuminate the inexplicable consistent referral to the contextual elements of the crime of genocide contrary to the textual reading of the definition, this introductory chapter provides a background to tackling the issue of context, by tracing the formation of the concept of genocide and the various distinct meanings this concept came to acquire. The chapter illustrates the definition of genocide’s three transformative phases; first, the creation of the concept as an academic notion based on Lemkin’s beliefs; the second phase is represented in the partial expropriation of the notion by the UN and its swift crystallization into a legal definition with a noticeable difference to that of Lemkin; and lastly, the social scientists’ transformation of the definition to a wholly new direction, based on their investigation of the causes and dynamics of this phenomenon, thereby expanding the concept to include all types of mass killing. To open discussion on the debate and the position of contextual elements, the chapter briefly introduces the debate on the weight of contextual circumstances in light of the Convention’s definition and the Rome Statute’s Elements of Crimes. It became apparent that the doctrinal and judicial approach to the question of contextual elements of genocide produced various distinct and irreconcilable schools of thought, preventing the formation of a clear position on the legal status of contextual elements. The chapter ends with setting the general objectives and organisation of this book, and the terminological references used.