Ethnic Cleansing - Definitions

Definitions

The official United Nations definition of ethnic cleansing is "rendering an area ethnically homogeneous by using force or intimidation to remove from a given area persons of another ethnic or religious group."

As a category, ethnic cleansing encompasses a continuum or spectrum of policies. In the words of Andrew Bell-Fialkoff:

thnic cleansing defies easy definition. At one end it is virtually indistinguishable from forced emigration and population exchange while at the other it merges with deportation and genocide. At the most general level, however, ethnic cleansing can be understood as the expulsion of a population from a given territory.

Terry Martin has defined ethnic cleansing as "the forcible removal of an ethnically defined population from a given territory" and as "occupying the central part of a continuum between genocide on one end and nonviolent pressured ethnic emigration on the other end."

In reviewing the International Court of Justice (ICJ) Bosnian Genocide Case in the judgement of Jorgic v. Germany on July 12, 2007 the European Court of Human Rights quoted from the ICJ ruling on the Bosnian Genocide Case to draw a distinction between ethnic cleansing and genocide.

The term 'ethnic cleansing' has frequently been employed to refer to the events in Bosnia and Herzegovina which are the subject of this case ... General Assembly resolution 47/121 referred in its Preamble to 'the abhorrent policy of 'ethnic cleansing', which is a form of genocide', as being carried on in Bosnia and Herzegovina. ... It can only be a form of genocide within the meaning of the Convention, if it corresponds to or falls within one of the categories of acts prohibited by Article II of the Convention. Neither the intent, as a matter of policy, to render an area "ethnically homogeneous", nor the operations that may be carried out to implement such policy, can as such be designated as genocide: the intent that characterizes genocide is "to destroy, in whole or in part" a particular group, and deportation or displacement of the members of a group, even if effected by force, is not necessarily equivalent to destruction of that group, nor is such destruction an automatic consequence of the displacement. This is not to say that acts described as 'ethnic cleansing' may never constitute genocide, if they are such as to be characterized as, for example, 'deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part', contrary to Article II, paragraph (c), of the Convention, provided such action is carried out with the necessary specific intent (dolus specialis), that is to say with a view to the destruction of the group, as distinct from its removal from the region. As the ICTY has observed, while 'there are obvious similarities between a genocidal policy and the policy commonly known as 'ethnic cleansing' ' (Krstić, IT-98-33-T, Trial Chamber Judgment, August 2, 2001, para. 562), yet ' 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. |ECHR quoting the ICJ.