Reconciling the Social and the Legal: Genocide as a Process
摘要
This chapter seeks to bridge the gap between the social and legal interpretationsLegal interpretation of genocideGenocide by exploring the complex processes that define and transform targeted groupsGroups through mechanisms of stigmatizationStigmatization, otheringOthering, and dehumanization. It critically examines how legal frameworks, particularly those rooted in the Genocide ConventionGenocide convention, often compartmentalize the phenomenon of genocideGenocide into rigid judicial constructs that may overlook the broader sociological realities. The chapter argues for a more integrative approach that considers the continuum of genocideGenocide, from initial targetingTargeting and otheringOthering to the ultimate destructionDestruction of the groupGroups, and underscores the importance of understanding the dynamic and trans-subjective nature of groupGroups identityIdentity in the context of genocideGenocide. By engaging with both legal and non-legal perspectives, the chapter highlights the challenges and necessities of aligning legal norms with the social realities of genocidal processes to ensure both justice and the protection of vulnerable groupsGroups