1 00:00:00,844 --> 00:00:03,777 Paragraph 6, 4 2 00:00:03,777 --> 00:00:05,777 of the rome statute 3 00:00:05,777 --> 00:00:07,777 of the International Criminal Court 4 00:00:07,777 --> 00:00:09,777 sets out the act of preventing births 5 00:00:09,777 --> 00:00:11,777 within the group 6 00:00:11,777 --> 00:00:13,022 This is an act of genocide 7 00:00:13,022 --> 00:00:15,022 Of course the definition of 8 00:00:15,111 --> 00:00:17,511 the punishable act of preventing births 9 00:00:17,511 --> 00:00:19,511 has to be read in conjunction with the 10 00:00:19,511 --> 00:00:21,511 introductory paragraphs or chapeau 11 00:00:21,510 --> 00:00:23,510 of article 6 so that the 12 00:00:23,510 --> 00:00:25,510 prevention of the births has to 13 00:00:25,510 --> 00:00:27,510 be committed with the intended to destroy 14 00:00:27,510 --> 00:00:30,133 the group in whole or in part. 15 00:00:30,133 --> 00:00:34,533 The drafting history of the 1948 convention 16 00:00:34,533 --> 00:00:36,888 suggests that the measures intended to prevent 17 00:00:36,888 --> 00:00:38,888 births might include sterilization 18 00:00:38,888 --> 00:00:42,400 compulsory abortion, segregation of the sexes 19 00:00:42,400 --> 00:00:44,720 and even obstacles to marriage 20 00:00:44,720 --> 00:00:48,200 There has only been one conviction 21 00:00:48,200 --> 00:00:49,000 to my knowledge 22 00:00:49,000 --> 00:00:50,280 under this provision 23 00:00:50,280 --> 00:00:52,280 and that is the conviction of Adolf Eichmann 24 00:00:52,280 --> 00:00:54,280 the Nazi 25 00:00:54,280 --> 00:00:57,880 who was tried in Israel in the early 1960s 26 00:00:57,880 --> 00:01:00,960 and was convicted on various counts 27 00:01:00,960 --> 00:01:03,960 which were in effect derived from article 2 28 00:01:03,960 --> 00:01:05,960 of the genocide convention which 29 00:01:05,960 --> 00:01:07,960 is the same text as we find in 30 00:01:07,960 --> 00:01:09,960 article 6 of the Rome Statute of 31 00:01:09,960 --> 00:01:11,960 the International Criminal Court 32 00:01:11,960 --> 00:01:13,960 Eichmann was charged with quote 33 00:01:13,960 --> 00:01:15,960 "devising measures 34 00:01:15,960 --> 00:01:17,960 to preventing child bearing among the Jews" 35 00:01:17,960 --> 00:01:20,520 and the district court in finding him 36 00:01:20,520 --> 00:01:22,520 guilty said, and I quote, 37 00:01:22,520 --> 00:01:24,520 "He devised measures, the purpose of which 38 00:01:24,520 --> 00:01:26,520 was to prevent child bearing among Jews 39 00:01:26,520 --> 00:01:29,120 by his instruction forbidding births and 40 00:01:29,120 --> 00:01:32,360 for the interruption of pregnancy of Jewish 41 00:01:32,360 --> 00:01:35,680 women in the ghetto with intent to exterminate the 42 00:01:35,680 --> 00:01:37,680 Jewish people. 43 00:01:37,680 --> 00:01:40,800 The International court of justice 44 00:01:40,920 --> 00:01:43,800 has without making a finding that the 45 00:01:43,800 --> 00:01:45,800 act applies but nevertheless 46 00:01:45,800 --> 00:01:47,800 it has attempted to define the definition 47 00:01:47,800 --> 00:01:50,720 to explain the interpretation of the definition 48 00:01:50,720 --> 00:01:51,320 of genocide 49 00:01:51,320 --> 00:01:53,320 and it has said that rape 50 00:01:53,320 --> 00:01:55,320 and other acts of sexual violence may 51 00:01:55,320 --> 00:01:57,560 have fallen under the act of genocide 52 00:01:57,560 --> 00:02:00,440 where the circumstances of commission 53 00:02:00,440 --> 00:02:02,840 as well as their consequences are such that 54 00:02:02,840 --> 00:02:03,480 I quote, 55 00:02:03,480 --> 00:02:05,960 "That the capacity of the members of the group 56 00:02:05,960 --> 00:02:09,520 to procreate is affected. Likewise the systematic 57 00:02:09,520 --> 00:02:11,520 nature of such acts has 58 00:02:11,520 --> 00:02:12,960 to be considered in determining 59 00:02:12,960 --> 00:02:14,960 whether they are capable of constituting 60 00:02:14,960 --> 00:02:19,360 the act or material act of the crime of genocide 61 00:02:19,360 --> 00:02:21,920 by the prevention of births.