Legal Definitions - ethnic persecution

Ethnic persecution is a grave international crime that involves the severe and intentional deprivation of fundamental human rights against a group of people, specifically because of their shared identity, such as their ethnicity, religion, nationality, or culture. It is considered a crime against humanity under international law, meaning it is an offense of exceptional gravity that shocks the conscience of humankind.

To be classified as ethnic persecution, certain conditions must be met:

• Severe Harm: Individuals must suffer a significant loss of their basic human rights, such as their right to life, liberty, property, or freedom of movement.
• Targeted Identity: The victims are specifically chosen and harmed because they belong to a particular group defined by characteristics like ethnicity, race, nationality, religion, culture, political affiliation, or gender.
• Link to Other Crimes: The deprivation of rights must occur in connection with another serious violation of international law, such as murder, extermination, enslavement, or forced displacement.
• Systematic or Widespread Attack: The acts of persecution must be part of a large-scale or organized campaign directed against a civilian population.
• Perpetrator's Intent: The person committing these acts must know that their actions are part of this widespread or systematic attack.

Here are some examples illustrating ethnic persecution:

• Imagine a scenario where a government systematically confiscates land and property from a specific ethnic minority, forcing them into desolate camps, while simultaneously denying them access to education, healthcare, and employment. This campaign is part of a broader effort to cleanse the region of that ethnic group.

  Explanation: This illustrates ethnic persecution because the ethnic minority suffers severe deprivation of fundamental rights (property, education, healthcare, freedom of movement). They are targeted by reason of their ethnic identity. These actions are committed in connection with other crimes against international law, such as forced displacement and potentially extermination through neglect. The acts are clearly part of a widespread and systematic attack against a civilian population, and the perpetrators would have known or intended their actions to be part of this larger campaign.

• Consider a situation where a dominant political regime targets a religious minority, banning their places of worship, confiscating their sacred texts, arbitrarily arresting and imprisoning their leaders, and subjecting followers to public humiliation and torture, all with the aim of eradicating their religious practice and cultural identity.

  Explanation: Here, the religious minority faces severe deprivation of fundamental rights (freedom of religion, liberty, protection from torture). They are targeted based on their religious and cultural identity. These acts are committed in connection with other international crimes, including arbitrary imprisonment and torture. The systematic nature of banning worship, confiscating texts, and arresting leaders indicates a widespread or systematic attack against a civilian population, with the perpetrators having the requisite knowledge or intent.

• Picture a military junta that seizes power and immediately begins to identify and target citizens associated with the previous government or a specific national identity group. They might systematically revoke their citizenship, seize their businesses, freeze their bank accounts, deny them passports, and prevent them from leaving the country, effectively trapping them in a state of extreme poverty and statelessness, as part of a broader effort to consolidate power and eliminate opposition.

  Explanation: This demonstrates ethnic persecution as the targeted group suffers severe deprivation of fundamental rights (citizenship, property, freedom of movement, economic rights). They are targeted due to their national or political identity. These actions are committed in connection with other international crimes, such as arbitrary deprivation of liberty and economic persecution. The systematic revocation of citizenship and seizure of assets points to a widespread or systematic attack against a civilian population, and the junta would possess the necessary knowledge or intent.