The five punishable acts of genocide are listed in the paragraphs of article II: killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group, and forcibly transferring children of the group to another group. The list is an exhaustive one rather than an indicative one. The Secretariat draft of the Convention divided the acts into three categories, physical genocide, biological genocide and cultural genocide. Cultural genocide was rejected but one act from the category was retained, that of forcibly transferring children. A proposal to add a crime of driving people out of their ancestral homeland was rejected by the General Assembly. Sexual and gender-based violence is encompassed by the act of causing serious bodily or mental harm.

This chapter begins with a discussion of the standard definition of genocide in the Genocide Convention, which is replicated verbatim in the Statutes of the ad hoc Tribunals and of the International Criminal Court. It turns to a discussion of its historical development as a response to the Holocaust, considers its relationship to crimes against humanity, and considers the underlying nature of the crime. The chapter then considers the protected groups (national, ethnic, racial and religious) and the challenges associated with identifying these groups. It considers the prohibited acts: killing, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group, and forcibly transferring children of the group to another group. The chapter explains the contextual element, and the mental elements of ‘intent to destroy’, ‘in whole or in part’, and ‘as such’. It ends with a discussion of other modes of participation.