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113. The DDPA does not use the term ethnic cleansing but in several places links the forced
displacement and the movement of people from their countries of origin as refugees and
asylum-seekers with racism and xenophobia.99 Equally important are the provisions that refer to
the protection of ethnic minorities.100
114. Similarly, the Rome Statute of the International Criminal Court does not explicitly refer to
ethnic cleansing. However, under its article 7 crimes against Humanity include inter alia
extermination; deportation or forcible transfer of population; and persecution against any
identifiable community or collectivity on political, racial, national, ethnic, cultural, religious,
gender ... or other grounds that are universally recognized as impermissible under international
law, in connection with any act referred to in this article or any other crime falling within the
jurisdiction of the Court.101
115. None of the international human rights treaties directly mentions the concept of ethnic
cleansing but several provisions of these instruments are relevant in this context. In particular,
one should refer here to the non-discrimination clauses, stipulations or treaty interpretations
concerning protection of minorities and provisions prohibiting any advocacy of national, racial
or religious superiority or hatred that constitutes incitement to discrimination, hostility or
violence.102
Assessment and recommendations
116. The underlying question is whether ethnic cleansing as a manifestation of racism is
adequately countered and persecuted persons or groups are sufficiently protected by existing
legal standards. Despite the lack of a legal definition of ethnic cleansing under international law,
the experts are of the opinion that it is sufficiently covered by human rights treaties on the one
hand, and the stipulations of international criminal law concerning crimes against humanity on
the other. Nevertheless, the experts would welcome efforts towards the development of a legal
definition for ethnic cleansing. Such a definition would be helpful in developing a more targeted
approach to this particular manifestation of racism and pave the way to more resolute preventive
action.
99
See e.g. para. 52 of the Durban Declaration. See also the sections related to refugees and IDPs
in this report.
100
See the section related to minorities in this study.
101
The crime of persecution has been recognized as a particularly serious crime since a
discriminatory intent is one of its basic elements. See Prosecutor v. Todorovic, Trial Chamber
Judgement of 31 July 2001, para 32.
102
See the relevant parts of this report on minorities. See inter alia ICERD, articles 1
and 4ICERD and ICCPR, articles 2, 20 and 27.
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