Discussion about this post

User's avatar
CHARLES KNIGHT's avatar

The Guardian reported: "Legal experts warn that [the Gaza] forcible displacement on such a scale would be tantamount to ethnic cleansing." This is remarkable self-censorship given (as Perplexity AI summarizes):

"Ethnic cleansing" is not a legal term under international law; it has no formal legal definition and is not recognized as a distinct crime in major treaties or statutes, such as the Rome Statute of the International Criminal Court. Instead, the acts commonly described as "ethnic cleansing"—forced removal, violence, deportation of ethnic, religious, or racial groups—are prosecutable under other international crimes, such as genocide, crimes against humanity, or war crimes.

The term "ethnic cleansing" originated in the context of the 1990s Yugoslav Wars as a translation of the Serbo-Croatian expression “etničko čišćenje”.

The United Nations, human rights groups, and journalists frequently use “ethnic cleansing” to convey the gravity of such atrocities, but—legally speaking—it remains a descriptive, not a prosecutable, category.

The absence of a formal legal category creates what experts call a "legal loophole," as perpetrating "ethnic cleansing" per se cannot be directly prosecuted; any prosecution must proceed under existing crimes like genocide or crimes against humanity, if their elements are met.

Expand full comment

No posts