Rethinking the boundaries of genocide: calculated economic measures and contemplation under the Rome Statute

Abstract

In the annals of international criminal law (ICL), the crime of genocide stands as a stark testament to humanity's capacity for unimaginable cruelty. Yet, while physical violence has dominated our understanding of this crime, a more subtle and insidious form of genocide often lurks in the shadows – the calculated destruction of a group through economic means. This research delves into the uncharted territory of Calculated Economic Measures (CEMs) as a tool of genocide, challenging the conventional focus on physical violence and advocating for a more nuanced understanding of this heinous crime. Drawing on cases such as Darfur, Rwanda and the former Yugoslavia, where economic destabilization played a significant role in the destruction of protected groups, this study argues that CEMs, strategically employed to cripple the economic foundations of a protected group, can equally be as devastating and should be recognized under the current enumerated genocidal acts. Through a doctrinal analysis of legal frameworks, and jurisprudence this study challenges the anthropocentric paradigm that has traditionally constrained the understanding of genocide. The study posits that destruction of a group can be achieved through the dismantling of a groups’ economic and social fabric. Ultimately, this research contributes to a more holistic understanding of genocide, bridging the gap between human rights and ICL, and strengthening the international community's ability to prevent and punish this crime in all its forms. It is a call for justice that recognizes the full spectrum of genocidal violence, ensuring that those who seek to destroy a group through economic means are held accountable for their crime.

Key words: Economic Genocide, CEMs, Rome Statute