1 00:00:01,920 --> 00:00:03,400 Paragraph 5 Article 6 2 00:00:03,400 --> 00:00:04,780 of the Rome Statute of 3 00:00:04,780 --> 00:00:05,800 the International Criminal court 4 00:00:05,800 --> 00:00:07,960 sets out the punishable act of genocide 5 00:00:07,960 --> 00:00:10,640 of intentionally transferring children from 6 00:00:10,640 --> 00:00:12,640 one group to another 7 00:00:12,640 --> 00:00:15,360 like the other paragraphs in article 6 8 00:00:15,360 --> 00:00:17,360 it has to be read in conjunction with 9 00:00:17,360 --> 00:00:19,760 the introductory paragraph or the Chapeau 10 00:00:19,760 --> 00:00:20,580 of Article 6 11 00:00:20,580 --> 00:00:23,700 So when we talk about forcibly transferring children 12 00:00:23,700 --> 00:00:25,020 from one group to another 13 00:00:25,020 --> 00:00:27,020 we are talking about the national 14 00:00:27,020 --> 00:00:29,020 ethnic, racial or religious groups 15 00:00:29,020 --> 00:00:31,020 that we have set out and defined 16 00:00:31,020 --> 00:00:33,020 in the introductory paragraph 17 00:00:33,020 --> 00:00:35,660 or the Chapeau of the definition 18 00:00:35,660 --> 00:00:40,500 The act stands in distinction with other acts 19 00:00:40,500 --> 00:00:42,500 that which quite directly allow 20 00:00:42,500 --> 00:00:45,620 threats to the physical existence of the group 21 00:00:45,620 --> 00:00:48,840 The forcible transfer of children does not 22 00:00:48,840 --> 00:00:50,840 mean physical extermination 23 00:00:50,840 --> 00:00:53,720 and indeed it was borrowed from a sub-category 24 00:00:53,720 --> 00:00:55,720 of the crime of genocide, which 25 00:00:55,720 --> 00:00:58,280 was called cultural genocide 26 00:00:58,480 --> 00:01:02,380 When the drafting was advancing in the general 27 00:01:02,380 --> 00:01:05,980 assembly sessions in 1948, Greece made the 28 00:01:05,980 --> 00:01:08,700 proposition that this act be added 29 00:01:08,700 --> 00:01:10,700 to the list. Greece said that we know 30 00:01:10,700 --> 00:01:12,700 that the notion of cultural genocide 31 00:01:12,700 --> 00:01:14,700 has been excluded in principle 32 00:01:14,700 --> 00:01:16,700 but this had been an act of genocide 33 00:01:16,700 --> 00:01:18,700 with which there was no disagreement 34 00:01:18,700 --> 00:01:20,700 and could have been added to the text of 35 00:01:20,700 --> 00:01:22,700 the convention and it was 36 00:01:22,700 --> 00:01:24,700 this meant of course that in the 37 00:01:24,700 --> 00:01:27,420 punishable acts we not only have physical or biological 38 00:01:27,420 --> 00:01:31,440 genocide, but also act of cultural genocide 39 00:01:31,440 --> 00:01:34,860 There have been a few interpretations of this 40 00:01:34,860 --> 00:01:38,980 Not many, it was applied in Australia 41 00:01:38,980 --> 00:01:43,540 with respect to the transfer of aboriginal children 42 00:01:43,540 --> 00:01:48,360 to families of European descent with a view to 43 00:01:48,360 --> 00:01:50,360 destroy them and the term genocide was used in 44 00:01:50,360 --> 00:01:52,360 that context. 45 00:01:52,360 --> 00:01:55,720 The Trial Chamber of the International Criminal 46 00:01:55,720 --> 00:01:58,920 Tribunal ruled that the purpose of the provision 47 00:01:58,920 --> 00:02:01,800 was not only to sanction direct act of forcible 48 00:02:01,800 --> 00:02:05,160 physical transfer but also to address the threats 49 00:02:05,160 --> 00:02:08,360 or the trauma that would lead to the forcible transfer 50 00:02:08,360 --> 00:02:10,360 of children from one group to another. 51 00:02:10,360 --> 00:02:13,680 According to the International courts of justice 52 00:02:13,680 --> 00:02:15,680 one of its interpretation of the provision, 53 00:02:15,680 --> 00:02:18,660 the forcible transfer of children can, I quote 54 00:02:18,660 --> 00:02:22,440 "entail the intent to destroy the group physically in whole 55 00:02:22,440 --> 00:02:25,480 or in part since it can have consequences for the group's 56 00:02:25,480 --> 00:02:28,380 capacity to renew itself and hence to ensure 57 00:02:28,380 --> 00:02:30,960 its long term survival."