Paragraph 5 Article 6
of the Rome Statute of
the International Criminal court
sets out the punishable act of genocide
of intentionally transferring children from
one group to another
like the other paragraphs in article 6
it has to be read in conjunction with
the introductory paragraph or the Chapeau
of Article 6
So when we talk about forcibly transferring children
from one group to another
we are talking about the national
ethnic, racial or religious groups
that we have set out and defined
in the introductory paragraph
or the Chapeau of the definition
The act stands in distinction with other acts
that which quite directly allow
threats to the physical existence of the group
The forcible transfer of children does not
mean physical extermination
and indeed it was borrowed from a sub-category
of the crime of genocide, which
was called cultural genocide
When the drafting was advancing in the general
assembly sessions in 1948, Greece made the
proposition that this act be added
to the list. Greece said that we know
that the notion of cultural genocide
has been excluded in principle
but this had been an act of genocide
with which there was no disagreement
and could have been added to the text of
the convention and it was
this meant of course that in the
punishable acts we not only have physical or biological
genocide, but also act of cultural genocide
There have been a few interpretations of this
Not many, it was applied in Australia
with respect to the transfer of aboriginal children
to families of European descent with a view to
destroy them and the term genocide was used in
that context.
The Trial Chamber of the International Criminal
Tribunal ruled that the purpose of the provision
was not only to sanction direct act of forcible
physical transfer but also to address the threats
or the trauma that would lead to the forcible transfer
of children from one group to another.
According to the International courts of justice
one of its interpretation of the provision,
the forcible transfer of children can, I quote
"entail the intent to destroy the group physically in whole
or in part since it can have consequences for the group's
capacity to renew itself and hence to ensure
its long term survival."