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nettoyage ethnique

Canadian Yearbook of International Law / Annuaire canadien de droit international (1)

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Le “nettoyage ethnique” en droit international
ÉMILE OUÉDRAOGO
Journal:

Canadian Yearbook of International Law / Annuaire canadien de droit international / Volume 54 / October 2017

Published online by Cambridge University Press:

11 August 2017, pp. 188-226

Print publication:

October 2017
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Ethnic cleansing is now a reality rooted in international relations. Confronted with this phenomenon in recent years, the international community has attempted to capture it in positive law. However, various efforts to prohibit and punish the practice under international law have taken shortcuts, further confusing an already complex topic. The aim of this critical reflection is to contribute to a legal understanding of ethnic cleansing by adopting a comprehensible and teleological approach that addresses the true objects and purposes of the practice. The goal of such an approach is to encourage international legal scholars to open a new chapter in the study of international crimes, one in which the autonomous status of ethnic cleansing is firmly established in positive international law.