"The international community is divided in respect of what actually occurred in Darfur. There are differenct views on the conflict. Some reports show that the conflict cannot be characterised as genocide, but rather atrocities, namely war crimes and crimes against humanity. Yet others indicate that, apart from crimes against humanity and war crimes, there was also genocide in Darfur. Still other reports indicate that the Darful conflict is characterised by 'ethnic cleansing'. Clearly there is a disagreement on what happened in Darfur. ... This study poses a critique to past studies on the Darfur conflict on the question of genocide. It analyses facts about the conflict in relation to the law on genocide so as to find out whether facts can meet the definition of the crime of genocide. The study is limited to the legal issue - whether genocide was committed in Darfur between 2003 and 2004. It does not intend to introduce the background to the conflict; rather, facts are only applied in the legal arguments. ... This work has four chapters. Chapter one is an introduction to the study. Chapter two discusses material elements of genocide and determination of a protected group. Chapter three discusses intent to commit genocide and poses a critique to past studies on Darfur. Chapter four shows conclusion and recommendations." -- Introduction.
Description:
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Dr. Paolo Comoane at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique
