New Publication by Research School Member

News –12 June 2015

​Carola Lingaas, admitted as a Research School member in 2014, has recently published an article in the International Criminal Law Review.

The article discusses the term 'racial' that is contained in the provisions on the crime of genocide, persecution and apartheid in the Rome Statute of the ICC. Lingaas points out that race is a historically burdened term and as such not defined in international criminal law. The contemporary definition of race builds on the perception of differentness, a notion that partially contradicts the principle of legality in law, whereby legal norms should be as narrowly and precisely defined as possible.

The article explores the historical development and the treatment of race by anthropology and human rights, before turning to international criminal law. The author analyzes and categorizes genocide cases dealt with by the ICTR and ICTY on 'racial groups'. The article concludes that racial groups should be defined by means of a subjective approach, based on the perception of the perpetrator or the self-perception of the victims.

Lingaas' article, 'The Elephant in the Room: The Uneasy Task of Defining Race in International Criminal Law' can be accessed here.