Expanding the Crime of Genocide to Include Ethnic Cleansing: a Return to Established Principles in Light of Contemporary Interpretations
Expanding the Crime of Genocide to Include Ethnic Cleansing: A Return to Established Principles in Light of Contemporary Interpretations Micol Sirkin† “‘The only alternative to ethnic minorities is ethnically pure states created by slaughter or expulsion.’”1 I. INTRODUCTION It may be surprising to discover that ethnic cleansing is legally dis- tinct from genocide considering that the media use these terms inter- changeably.2 Currently, no formal legal definition of ethnic cleansing exists.3 In characterizing the acts of the Yugoslav war, however, the United Nations Security Council’s Commission of Experts on violations of humanitarian law stated that “‘ethnic cleansing’ means rendering an area ethnically homogenous by using force or intimidation to remove † J.D. Candidate, Seattle University School of Law, 2010; B.A., Philosophy, Boston University, 2006. I would like to thank Professor Ronald C. Slye for his insight and guidance. I would also like to thank K.D. Babitsky, Lindsay Noel, and Alexis Toma for their hard work and friendship. Last, but not least, I would like to thank my mother, Dalia Sirkin, for always raising the bar and believing in me every step of the way. 1. Jean-Marie Henckaerts, Mass Expulsion in Modern International Law and Practice, in 41 INT’L STUD. IN HUM. RTS. 1, 108 (1995) (quoting Fearful Name from a Nazi Past, L.A. TIMES, June 22, 1994, at B6) (emphasis added). 2. See, e.g., Andy Segal, ‘Bombs for Peace’ After Slaughter in Bosnia, CNN, Dec. 4, 2004, http://www.cnn.com/2008/WORLD/europe/11/20/sbm.bosnia.holbrooke/ (“Three years later, [Ri- chard Holbrooke] would become one of the most influential U.S.
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