Click here. By Warren A. Lyon, FSJ Legal Analyst with research provided by Angel Ronan Lex Scripta-call for your report today if its a citation or misdemeanor or an airline ticket : America has hegemony with all the fire power in the world to defend itself in America and in the parts of the world where they have territorial sovereignty. However, global interdependence makes it illegal for America to poison an entire like with nuclear water when that lake runs into other lakes in other countries and eventually the Atlantic ocean. I may not own much more than this essay and the trademark related to a Youtube channel called "It's Up To You and Call If You Want to Buy Bread Channel for $70,000.00" but the US government and the United Nations that it founded gives me sovereignty and ownership over my essays. Every Asian is really Asian who understands that individuals with an Ancient Afro black skinned Iwo Jima Ainu ancestry exist and are present in your area. "Warren Who" is one of these individuals with a little Egyptian ancestry. A man raised a child, bought milk, clothing and food, took him to the barber and the best dentists, piano lessons and good soccer clubs and teams for young people, made him do his home work and then when the child was all grown and a graduate, he turned around and said he was not sure if the child should exist because the man said, as a man but not as a father, he needed to be the only one. So, then he made the child a societal orphan because the man's soul was not developed enough yet to understand the purpose of progeny and issue to be thankful. He never went to school long enough as a boy to go through the death to the ego and the self. He raised the kid more like a servant would and when the job was over, he was not sure if he was needed but also would not just let go. Who will he be to own an entire house and home in front of me; with his own family? He kept breaking into the man's life to sabotage any progress and keep America feeling like a boy since who is America to tell me anything when I am the captain; Columbus Jamaica awoh? Who is he to be able to pilot and advise me even if he has more technological savvy than I do from all of his many hours of discovery as seen in the life of Benjamin Franklin with his conveyor belt or Edison and Lewis Howard Latimer with their light bulb but never again and if they discover something, I will pay them right away, buying it? Nous sera prions! So, how is America running a global human rights campaign when it has not demonstrated enough human rights at home? It's time to join the human family and implement a universal unconditional income support for every citizen in North America but there are a few things holding up the process. The first paragraph or chapter in national defense is government finance. After automation, sale tax is the answer. Maybe you use the money or maybe you just save it in the National Government Bank reserves. Maybe "equal" is not enough and an Americano Jesus in Red and Blue tights with a red cape with Davidic cheek bones and chin with super milk and bread is too much for some Europeans or the Asians when a perfect trigonometric exam is possible in the "equality" of all with all humans created equal but with different roles or authority in society ; but you want to feel hegemony. The Americano wants to feel hegemony. It may be a motivation that is reduced in popular culture to the saying, "You feel me." Grendel says, "you feel me" and he may also want to join the "we" and he might think he is playing when he pisses on your church door to see if you feel him instead of just walking in humbly to say he would like to join. Joe wants to own property but he has an unusual community that is emotionally stuck on the issue when buying it for him feels like he is buying his own aboriginal shoulder when isn't it aboriginal land? So, Joe would like to join us but he says he wants to feel and express hegemony; show what he can do...how he can take a real economic piss on his own North America...shake up things and tell people it can never be soo simple or trigonometric with a 30% sales tax to ensure copious amounts of national revenue with a universal unconditional income support to inoculate all citizens from the economic vicissitudes occasioned by automation. But, he wants to show you his 12 inch cruise missiles with real, big hot pumping action. But, every country has a cruise missile or some other kind of missile. So, you humble that country and who can have a North American graduate who was born in England, graduate in England and read law with English tutelage. You don't want anyone to tell you anything because your name is Frank Hegemony so you try to kill him; the graduate with false accusations. You steal his job reference letters, you use his credit cards that you stole and you try to have sex with his girlfriend. You try to register his business name. You break into his house and pretend you bought it but you never bought your own although your adoptive family where real estate brokers. You stole a cheque from his office and it closed the brokerage. Such conditions created in the failure to implement nation wide or continent wide income support were calculated to bring about the physical destruction of the targeted group in whole or in part(white, black brown, yellow and red North Americans in wars also) and must be inflicted on it deliberately. Vermont and Massachusetts was not enough in terms of the provision of support. This sense of reluctance about quiet solutions that solve social and economic maladies is more of an aboriginal desire to keep historical wounds festering in a vain attempt to nonverbally say they are not yet conquered; that the vanquishing of aboriginal emotion by a constitution has not happened yet.
By Warren A. Lyon, FSJ Legal Analyst with research provided by Angel Ronan Lex Scripta-call for your report today if its a citation or misdemeanor or an airline ticket :
America has hegemony with all the fire power in the world to defend itself in America and in the parts of the world where they have territorial sovereignty. However, global interdependence makes it illegal for America to poison an entire like with nuclear water when that lake runs into other lakes in other countries and eventually the Atlantic ocean. I may not own much more than this essay and the trademark related to a Youtube channel called "It's Up To You and Call If You Want to Buy Bread Channel for $70,000.00" but the US government and the
United Nations that it founded gives me sovereignty and ownership over my essays. Every Asian is really Asian who understands that individuals with an Ancient Afro black skinned Iwo Jima Ainu ancestry exist and are present in your area. "Warren Who" is one of these individuals with a little Egyptian ancestry. A man raised a child, bought milk, clothing and food, took him to the barber and the best dentists, piano lessons and good soccer clubs and teams for young people, made him do his home work and then when the child was all grown and a graduate, he turned around and said he was not sure if the child should exist because the man said, as a man but not as a father, he needed to be the only one. So, then he made the child a societal orphan because the man's soul was not developed enough yet to understand the purpose of progeny and issue to be thankful. He never went to school long enough as a boy to go through the death to the ego and the self. He raised the kid more like a servant would and when the job was over, he was not sure if he was needed but also would not just let go. Who will he be to own an entire house and home in front of me; with his own family? He kept breaking into the man's life to sabotage any progress and keep America feeling like a boy since who is America to tell me anything when I am the captain; Columbus Jamaica awoh? Who is he to be able to pilot and advise me even if he has more technological savvy than I do from all of his many hours of discovery as seen in the life of Benjamin Franklin with his conveyor belt or Edison and Lewis Howard Latimer with their light bulb but never again and if they discover something, I will pay them right away, buying it? Nous sera prions! So, how is America running a global human rights campaign when it has not demonstrated enough human rights at home? It's time to join the human family and implement a universal unconditional income support for every citizen in North America but there are a few things holding up the process. The first paragraph or chapter in national defense is government finance. After automation, sale tax is the answer. Maybe you use the money or maybe you just save it in the National Government Bank reserves. Maybe "equal" is not enough and an Americano Jesus in Red and Blue tights with a red cape with Davidic cheek bones and chin with super milk and bread is too much for some Europeans or the Asians when a perfect trigonometric exam is possible in the "equality" of all with all humans created equal but with different roles or authority in society ; but you want to feel hegemony. The Americano wants to feel hegemony. It may be a motivation that is reduced in popular culture to the saying, "You feel me." Grendel says, "you feel me" and he may also want to join the "we" and he might think he is playing when he pisses on your church door to see if you feel him instead of just walking in humbly to say he would like to join. Joe wants to own property but he has an unusual community that is emotionally stuck on the issue when buying it for him feels like he is buying his own aboriginal shoulder when isn't it aboriginal land? So, Joe would like to join us but he says he wants to feel and express hegemony; show what he can do...how he can take a real economic piss on his own North America...shake up things and tell people it can never be soo simple or trigonometric with a 30% sales tax to ensure copious amounts of national revenue with a universal unconditional income support to inoculate all citizens from the economic vicissitudes occasioned by automation. But, he wants to show you his 12 inch cruise missiles with real, big hot pumping action. But, every country has a cruise missile or some other kind of missile. So, you humble that country and who can have a North American graduate who was born in England, graduate in England and read law with English tutelage. You don't want anyone to tell you anything because your name is Frank Hegemony so you try to kill him; the graduate with false accusations. You steal his job reference letters, you use his credit cards that you stole and you try to have sex with his girlfriend. You try to register his business name. You break into his house and pretend you bought it but you never bought your own although your adoptive family where real estate brokers. You stole a cheque from his office and it closed the brokerage. Such conditions created in the failure to implement nation wide or continent wide income support were calculated to bring about the physical destruction of the targeted group in whole or in part(white, black brown, yellow and red North Americans in wars also) and must be inflicted on it deliberately. Vermont and Massachusetts was not enough in terms of the provision of support. This sense of reluctance about quiet solutions that solve social and economic maladies is more of an aboriginal desire to keep historical wounds festering in a vain attempt to nonverbally say they are not yet conquered; that the vanquishing of aboriginal emotion by a constitution has not happened yet. We can keep the wound open in movies and in the media but certainly, the aboriginal understands we need more than Cray Fish and wood and a cave or tent poles to get by in the modern world. You need a little money for your mobile phone and gas for your hybrid Toyota Hylander; the 2017 model. With this festering emotional wound, the English and Englishness as well as the systems with social and economic policies that secure the economy in preventing recessions with sale tax policies and the income support for every citizen; with laws called constitutions and this Englishness tends to be the target. These laws and policies may have been written by the Spanish. But, then the problem is not the message but the Anglo sender. The question is why the English are engaged in a covert civil war involving theses policies, causing the defeat of their own economies. The Anglo world is not the French world; nor is it the Asian or Russian world. But, the aboriginal is carrying a multiplicities of emotional identities and some where war paint. The aboriginal in the aboriginal wants independence while the Cabot in him wants association to Europe; to that Benz emotion you just digested on television. But, how can the Cabot aboriginal with his desire to tell the English to "@#%^!" off about constitutions and with his desire for a Saville Row suit and Benz reconcile his TWO KEY agendas; FREEDOM FROM ANY LAW AND CONSTITUTION in the Americ-amerindian way AND OWNERSHIP OF A BENZ OR GM-OYOTA SIERRA TRUCK with INVOLVEMENT in your lands and territories, AUTHORITY? This is a palaver! Quite often, our Aboriginal hero imagines himself to be a Robinhood, stealing from Pilsbury or Kelloggs who are considered to be "those people who owe us" on his way into politics. He is often ripped off in any transactions involving ownership like maybe a hotel purchase for $10,000.00 in 1978 in Mexico. There was no contract and he just thought the Front door desk clerk manager would give him the kay and leave. He sat in a room for 10 days and started telling people what to do. The owner showed up and arrested him for trespass and attempted theft. But, instead of being honest that his lack of education is the real source of the problem, he decides to pass his hurt and shame at being a fool on to others so that what was done to him, he will do to others to ensure he feels his sense of Cabot superiority, turning the matter into a class problem when it is an aboriginal education/evolution problem vis a vis the burgeoning world of car and shoe ownership. Did you buy those shoes? What genuine Aboriginal hero would do this? This is Cabot. He will, in his imagination, call the constitution the native aboriginal band laws and this will heal the tendency to emote resistance. There had to have been some; although unwritten. He can never return to an ultimate state of nature; whatever that may have been. He needs his Toyota Tacoma or His GM-oyota Silverado; yeee hah!!! So, how can you have the Benz or the truck if you don't have cash? How will you have cash after automation without the income support? There is a synthesis missing in this reality called interdependence among nations; interdependence that says there will be no crazy white American Leader or General to launch a war on Asia with no American machines capable of achieving anything like it; ever again. This is interdependence when Germany and Asia own all the manufacturing companies in the Anglo world that build military hardware. Also, there needs to be enough education to achieve a quiet, harmonious synthesized goal that allows the white aboriginal to realize some sense of independence, some understanding of his economy also while paying homage financially to the European forebears. The anglo, therefore, is a divided soul that wages war on his own economy and has refused to implement the solutions that ensure recession proof economies because he is not English. He is Spanish really from Trinidad or from Belize or from Jamaica. He is South African or African and they have done well to be carbon copy English in English societies but they resent being called English in spite of the English accent; my good man. This is the dichotomy and tension in self identity. They are African, many of them white, and have their reasons for resenting the cold people who may still wish to come to South Africa and kill the animals on Safari. It is now illegal. They also resent the Anglo, if he still exists, who may wish to come to the West Indies and just chop up a black woman who can't just shut up and be thankful her son graduated from Law School and did not drop out. He is a multi-generational Vermont aboriginal anyway with a little Eskimo Asian Egyptian French dna; an adoption to help the West Indians see what family can be like. He is not a cave person; like her as her dna dates back to the survival of the continental divide and certainly more backward anthropologically in terms of family, family concepts and why it is not good for anyone to be alone. They tend to refuse to accept that they need help in adjusting to the world's already existing and burgeoning civilization. with all the genetic blending that ensued in the West Indies, some have emerged Asian in appearance but their ancestral tongue is Spanish or Cave dweller. They know what earth is shaking, when the wave is about to come or when the plane is about to crash. They tend to seek ways in which to express their desire to have hegemony over the world's civilization or over anyone or anything. They might take big magnets and run them over your car hood in a mall to show you what they have learned about your technology and batteries so that he might have a moment of orgasmic troglodyte hegemony; Grendel stylee in the way he takes the proverbial piss. This dna has been in the last 5 American Presidents. The killing of a Black West Indian woman in the West Indies has not been outlawed yet. But, it should be. Yet, some men are assigned to kill these Virago women where ever they may be on the planet; once they identify themselves over and over again. She is not human enough yet to be content with a son or grandson who gets an A+ in High School English or that graduates in Medical School. Her daughter has drugged the grand children in fear that they might grow up and be able to defend her some day on any criminal matters she seems to be dealing with on an on going basis involving theft of mail or criminal trespass. The real truth is the Virago woman conspired to kill the son since she carries an ancient deep resentment against the English for displacing them on the beaches at Bluefields and Negril. It is called Negril because her ancestors that were offered free school actually shot and killed a Black Irish male school teacher, ambushing him so the English constabulary took all the people involved, nice people in all other estimations, and turned them into mince ground meat and then put them on the Grill. This is how you get Negril. MLK is related to these people who were cooked. Now, mix "all of the above" into the wildy determinations of the Cabot dna driving these people up from the West Indies and out of the Western hemisphere to as close to France as they can get to reposition themselves physically in France in an innate longing to bathe, dine and breathe anything with French celebrations again; stolen or legitimately acquired. English provides a natural barrier and a halting interruption in their endeavor. My mother and father are honorable people. https://en.wikipedia.org/wiki/Bluefields,_Jamaica
The absence of income support across all of North America amounted to genocide since 1901. There are still regions where there is some support and more support in some regions with very little provided in others. They Way Fair North American who are the descendants of the scallywags are moving to and fro across North America, hoping to find some support or more than what they received where they came from maybe in some Northern or Atlantic regions in Danada. There is certainly white on white racism and violence or White aboriginal vs. White aboriginal classism and religious conflicts. There could be a covert anti affirmative action campaign going on apparently to make up for the '70's programmes but it was a concept that only tried to add a hiring quotient to employment guidelines. The quotient was based on the evident high school graduation population numbers for all segments of the population. It could not have worked when most North American white people were told to drop out at grade 10 and get a half salaried automotive job or join the military if they could. Black people are encouraged by white people to graduate since what white person wants to spend time with a black person who is shouting about being ripped off at the gas station? White people are ripped off but they don't shout about it. All aboriginals with less than Grade 12 education are twice as likely to get ripped off at the banks also when someone phones from the bank where you have your account and says to you that they are making a mandatory, automatic investment; usually in January and all your earnings from your USFL football contract or your Nigeria Johnson Hair Products sales is taken; along with any monies saved from your universal income support in Georgia or wherever so that you are left with only $90,000.00. You don't seem to have enough safety in America to call the Bank of Amreca Bank manager and complain or call the head office where I am the Senior Global Vice President for customer service. They are twice as likely to get ripped off since they have, on average, less education than other groups in the population as based on white social conventions. in any event. Even if black people graduate from High School more often as they are encouraged to do so, these means black people are certainly not hired in the numbers indicated by the graduation numbers that are turned into quotas. It is 1/4 that number from what we see that is actually taking place in the hiring process. Most black people though were often under graded as affirmative action never assured the accuracy and fairness of the grading process. So, the anti affirmative action program is being pursued by unusual elements in the population who promote this plan to even things up mistakenly and covertly. The best way to deal with these emotions is just to provide every citizen with that universal unconditional income support at Vermont levels. Maybe no one gets a job like they used to after automation but everyone gets support. We kill them with kindness and shoot them when they act up for the slightest intersections with the authorities over stolen credit card use or drug possession. But, not for alleged fake bills when there is never any evidence that is corroborated. The store keepers present their own fake notes just to harass someone. They call the police and the customer is wrongly accused after buying his items. To avoid these accusations, use an EBT card for the small purchases or a pay as you go credit card that you can top up at the bank. Get your receipt. The spirit of the American people seen on its knees, above, is asking the American politician to remember their mutual friendship and just implement a national income support guideline and enforce a program to be run by every state that provides no less than $950.00 per week by EBT Card in addition to all the EBT shopping available at EBT/SNAP retailers in that state. This would also comply with International Law as seen in the UDHR 1948; Article 25. It would also stave off the economic genocide seen in the non compliance with genocide being defined as conditions of life
that were calculated to bring about the physical destruction of that group, in whole or in part (see the footnotes below). As a national program, the intention is to make the cards work nationally and not just in the individual state where the card is assigned. They have a similar program in Manitoba and in Quebec as the funds are placed in the citizen's bank account. They can use the funds any where they want. The program in Otario pays only transgender people and individuals with disabilities. It does not pay non-transgender bodied people. It does not pay people without disabilities but it may if they make a special written request to the Governor General. Maybe you just write an email to the government email provided on the website. My cousin did. He's a Black guy that concluded his NHL, NBA AND LA LIGA contract and started a "youtube" channel called 8th Gear Automotive Channel with a rich white father that had the income support also because of a diagnosis involving Chiropody. You don't have to "need it." It's a disability payment. His ex wife that was transgender also cut him up because he took too long at the hardware store in the pipe section but he was really at an apartment next door to the store where there were 10 Caribbean Bacchanal women in the ten apartments he owned where he was talking about the women's pipes and was certainly not lying about anything. He said he was a man and that she had to understand. He parked at the hardware store; oh gosh now boy! Instead of writing an email to the Otario authority, maybe you just sign up from Otario to join Quebec. They send you confirmation of your new Quebec citizenship and they deposit the support right into your account which is enough with good budgeting to rent an apartment in Quebec and make arrangements with a landlord before you take the 4 hour bus ride from Adajax, Otario or Markonlam.
The intention is to enable the cards to work internationally at any Plus /Cirrus Bank machine any where in the world so that the American and soon the Canadian can pop it like its hot; like all the Asian people who have international money and mobility with the Way to Pay in any country. They have more financial oxygen per capita, more likelihood of surviving on going automation than the Anglos and Francophones of the earth. This is the reason for American angers that was once witnessed against the new looming presence of the Sony Radio and the Sony Television or Panasonic Television in the 1960's that gave way to Sony portable stereos that became just as ubiquitous as the Nike running shoe in American homes. Its' not Asia's fault. The economy is rather trigonometric with or without automation. But, whole chapters and discussions about labor have been thrown out involving the cost of labor which we now summarize as a fucking discussion on the cost of fucking production so now 300 full time employees at $70,000.00 per year have been vacated by one fucking machine; may a KUBA robot that costs $70,000.00 to purchase that will last 50 years. The problem was to look at how this new phenomenon impinges on the sale of the products in the economy when its not just 300 employees but maybe 3,000,000 employees in every state every year that are removed, displaced by the $70,000.00 machine. The problem is that you don't have 3,000,000 buyers with $70,000.00 per year who could finance $17,000.00-$100,000.00 vehicles over a four year period. So then, the machine takes the demand for goods away, takes the economy way and the market away and the point of the universal income support provided to each citizen is to ensure there is a point to the machines doing the work with more durability, reliability and dependability. The problem with the robot is not cost of production as maximum efficiency is achieved with one machine replacing 300 people with machine being 300 times more efficient in terms of cost and energy. The problem is demand for the multiple goods made by the machine in the same time as 300 people where there is no point if there is no demand for the goods so that there are sales and there will be no sales unless the purpose of the machine is supported financially. The purpose of the machine is the human endeavor. This is an emotional discussion since it should not have taken so long to understand and accept this reality in North America while the White aboriginal is tired of being moved, removed, asked to changed and just get out of Algonquin Park because of the black whore girl pretending she can explain what are the Deoxyribonucleic phenomenon in the economy.
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Reference: See https://www.casematrixnetwork.org/#6 for more.
P.25.1. Evidence of the nature of the conditions of life imposed.
P.25.2. Evidence of the length of time for which the conditions of life were imposed.
P.25.3. Evidence of the characteristics of the members of the targeted group.
P.27. Not required: Evidence of the actual physical destruction of the group.
Element:
6. The conditions of life were calculated to bring about the physical destruction of that group, in whole or in part.4
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 692:
"692. The group upon which these conditions are inflicted must be a protected group under the terms of the Genocide Convention. Such conditions must be calculated to bring about the physical destruction of the targeted group in whole or in part and must be inflicted on it deliberately."
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, para. 518:
"518. The words "calculated to bring about its physical destruction" replaced the phrase "aimed at causing death" proposed by Belgium in the UN General Assembly’s Sixth (Legal) Committee.1094 The Trial Chamber in Akayesu held that the expression "should be construed as the methods of destruction by which the perpetrator does not immediately kill the members of the group, but which, ultimately, seek their physical destruction".1095 The element of physical destruction is inherent in the word genocide itself, which is derived from the Greek "genos" meaning race or tribe and the Latin "caedere" meaning to kill. It must also be remembered that cultural genocide, as distinct from physical and biological genocide, was specifically excluded from the Convention against Genocide. The International Law Commission has commented:
519. It does not suffice to deport a group or a part of a group. A clear distinction must be drawn between physical destruction and mere dissolution of a group. The expulsion of a group or part of a group does not in itself suffice for genocide.1097 As Kreß has stated, "[t]his is true even if the expulsion can be characterised as a tendency to the dissolution of the group, taking the form of its fragmentation or assimilation. This is because the dissolution of the group is not to be equated with physical destruction".1098 In this context the Chamber recalls that a proposal by Syria in the Sixth Committee to include "[i]mposing measures intended to oblige members of a group to abandon their homes in order to escape the threat of subsequent ill-treatment" as a separate sub-paragraph of Article II of the Convention against Genocide was rejected by twenty-nine votes to five, with eight abstentions.1099"
"1094. UN Doc. A/C.6/217 (Belgian proposal); UN Doc. A/C.6/SR.82 (Soviet amendment).
1095. Akayesu Trial Judgement, para. 505.
1096. Report of the International Law Commission on the Work of its Forty-eighth Session, 6 May- 26 July 1996, UN Doc. A/51/10, pp. 90-91.
1097. K. Kreß, Münchner Kommentar zum StGB, Rn 57, §6 VStGB, (Munich 2003), W. A. Schabas, Genocide in International Law (Cambridge University Press, 2000), p. 200. The German courts have found that the expulsion of Bosnian Muslims from the areas in which they lived did not constitute genocide. See BGH v. 21.2.2001 – 3 StR 244/00, NJW 2001, 2732 (2733).
1098. K. Kreß, Münchner Kommentar zum StGB, Rn 57, §6 VStGB, (Munich 2003).
1099. A/C.6/234, see UN GAOR, 3rd Session, Sixth Committee, Summary Records of Meetings, 21 September to 10 December 1948, p. 176 and 186. For further details see K. Kreß, Münchner Kommentar zum StGB, Rn 53-57, 57, §6 VStGB, (Munich 2003)."
B. Evidentiary comment:
The passage of the ICTY Trial Chamber in Stakić (para. 519) seems to blur the line between the nature of the acts (in particular whether they are such as to actually bring about the physical destruction of the group) and the state of mind of the perpetrator (whether the conditions were calculated to bring about the physical destruction of the group) and to introduce a requirement that the acts must be objectively capable of bringing about the destruction of the group. This also seems implicit in the approach of the ICTR Trial Chamber in Kayishema (para. 116, above), where it states that the conditions of life in question could include "rape, the starving of a group of people, reducing required medical services below a minimum, and withholding sufficient living accommodation for a reasonable period, provided the above would lead to the destruction of the group in whole or in part." (emphasis added). Such a position is, however, to contrasted with the holding by the ICTY Appeals Chamber in Krstić (para. 32) concerning the general requirement of genocidal intent, that:
One way to reconcile these apparently conflicting views would be to read the specific requirement in paragraph (c) – that the living conditions be "calculated to bring about the physical destruction of the group" – as a more specific and perhaps more stringent requirement than the general requirement for genocidal intent under article 6. (It might indeed be argued that if this were not the case the requirement would be redundant.) This would imply the requirement that the conditions of life be capable of physically destroying the group. There is nothing, however, in the text of article 6(c) or its drafting history that would support such interpretation.
The question thus remains open as to what this element adds to the common element of genocide that the perpetrator "intended to destroy, in whole or in part, [the protected] group, as such". It may be argued that the requirement that a specific conduct be "calculated" to cause a certain outcome is different from requiring that the conduct be accompanied by the "intent" to cause that result: this, however, has yet to be established by a national court or international tribunal.
''2586. However, the Chamber recalls that the “actus reus of Article 4(2)(c) of the Statute ‘covers methods of physical destruction, other than killing, whereby the perpetrator ultimately seeks the death of the members of the group’”. While Article 4(2)(a) and (b) in that Article 4(2)(a) and (b) proscribes acts causing a specific result, i.e.: death and serious bodily or mental harm, respectively, Article 4(2)(c) concerns “those methods of destruction that do not immediately kill the members of the groups, but which, ultimately, seek their physical destruction”, i.e.: slow death.''
P.25. Evidence of objective probability that the conditions of life were calculated to bring about the physical destruction of the group.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment, para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York, 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
P.25.1. Evidence of the nature of the conditions of life imposed.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment , para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York , 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
P.25.2. Evidence of the length of time for which the conditions of life were imposed.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment , para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York , 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
P.25.3. Evidence of the characteristics of the members of the targeted group.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment , para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York , 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
P.26. Not required: Direct evidence that the conditions of life were calculated to bring about the physical destruction of the group.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment , para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York , 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
P.27. Not required: Evidence of the actual physical destruction of the group.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 691:
"691. "Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part" under sub-paragraph (c) does not require proof of the physical destruction in whole or in part of the targeted group.1705 […]"
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, para. 517:
"517. "Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part" under sub-paragraph (c) does not require proof of a result. […]"
P.28. Not sufficient: Evidence that the conditions of life were intended to cause the dissolution of the group.
A. Legal source/authority and evidence:
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, para. 519:
"519. It does not suffice to deport a group or a part of a group. A clear distinction must be drawn between physical destruction and mere dissolution of a group. The expulsion of a group or part of a group does not in itself suffice for genocide.1097 As Kreß has stated, "[t]his is true even if the expulsion can be characterised as a tendency to the dissolution of the group, taking the form of its fragmentation or assimilation. This is because the dissolution of the group is not to be equated with physical destruction".1098 In this context the Chamber recalls that a proposal by Syria in the Sixth Committee to include "[i]mposing measures intended to oblige members of a group to abandon their homes in order to escape the threat of subsequent ill-treatment" as a separate sub-paragraph of Article II of the Convention against Genocide was rejected by twenty -nine votes to five, with eight abstentions.1099"
"1094. UN Doc. A/C.6/217 (Belgian proposal); UN Doc. A/C.6/SR.82 (Soviet amendment).
1095. Akayesu Trial Judgement, para. 505.
1096. Report of the International Law Commission on the Work of its Forty-eighth Session, 6 May- 26 July 1996, UN Doc. A/51/10, pp. 90-91.
1097. K. Kreß, Münchner Kommentar zum StGB, Rn 57, §6 VStGB, (Munich 2003), W. A. Schabas, Genocide in International Law (Cambridge University Press, 2000), p. 200. The German courts have found that the expulsion of Bosnian Muslims from the areas in which they lived did not constitute genocide. See BGH v. 21.2.2001 – 3 StR 244/00, NJW 2001, 2732 (2733).
1098. K. Kreß, Münchner Kommentar zum StGB, Rn 57, §6 VStGB, (Munich 2003).
1099. A/C.6/234, see UN GAOR, 3rd Session, Sixth Committee, Summary Records of Meetings, 21 September to 10 December 1948, p. 176 and 186. For further details see K. Kreß, Münchner Kommentar zum StGB, Rn 53-57, 57, §6 VStGB, (Munich 2003)."
"557. For the same reasons, the Trial Chamber finds that the dolus specialis has not been proved in relation to "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part." The Trial Chamber recalls in this context that deporting a group or part of a group is insufficient if it is not accompanied by methods seeking the physical destruction of the group."
B. Evidentiary comment:
The ICTY Trial Chamber in Stakić appears to have taken the position that forced deportations are not covered by article 6(c) (or at least not in themselves), apparently on the basis that they could not be calculated to destroy the group, but only to dissolve it. (On this point see the evidentiary under element 5 above.)
In Brđanin the Prosecution sought to argue that forced deportations constituted conditions of life calculated to bring about the destruction of the group under article 6(c). The Trial Chamber ruled this argument impermissible on the basis that it had not been raised in pleadings (but did not state whether it would in any event necessarily fail on the grounds discussed in Stakić).
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Angel Ronan Lex Scripta.
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