Reconsidering the Definition of Genocide: The Case for Including Political Groups in International Criminal Law

Abstract

The 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) represents a foundational legal instrument in international criminal law. While it identifies national, ethnic, racial, and religious groups as protected categories, it expressly omits political groups. This exclusion has created a significant gap in the legal construction of the prevention of mass killings. This article argues that the omission of political groups is no longer defensible given the evolving nature of identity-based violence. Drawing on comparative legal analysis, historical precedent, and current international jurisprudence, this article explores the implications of the exclusion and presents a legal rationale for reform. It argues that either political group should be explicitly incorporated into the definition of genocide through formal amendment, or that a more expansive interpretation of group-based targeting should be adopted by international courts. In the interim, enhanced reliance on crimes against humanity under the Rome Statute may provide partial redress. The article concludes with a call for international consensus to close this gap and proposes avenues for legal and policy reform