A/HRC/4/WG.3/6 page 35 113. 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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