Time to re-examine the wording of the Genocide Convention : Mukesh Kapila

Mukesh Kapila at the Kigali Genocide Museum

"Genocide” has lost its shock value , and the Genocide Convention does not help.

Click here for the article

Summary

In his article "Time to Re-examine the Wording of the Genocide Convention," Mukesh Kapila argues that the 1948 Genocide Convention's narrow definition has become outdated and ineffective in addressing modern atrocities. He contends that the term "genocide" has lost its impact due to overuse and political manipulation, often serving as a rhetorical tool rather than prompting meaningful action.

Kapila highlights that the Convention's stringent requirements—particularly the necessity to prove specific intent to destroy a group—have hindered timely interventions and accountability. This high evidentiary bar allows perpetrators to evade justice, as modern actors avoid leaving incriminating evidence, unlike the Nazis' documented plans.

He also critiques the Convention's original exclusions, such as political and cultural groups, which were omitted due to geopolitical compromises. This omission has left many forms of mass violence, including cultural destruction and political repression, outside the Convention's scope.

Drawing from his experience during the Darfur genocide, Kapila emphasizes the need to revisit and broaden the Convention's language to better reflect contemporary forms of mass atrocities and to facilitate more effective prevention and response mechanisms.

Quotes
“‘Genocide!’ is also the cri de coeur of desperate people amidst wars such as in Sudan… repeated genocide-calling without result diminishes the word’s shock value and significance.”

“History’s commonest abuse – politicide – was excluded… [leaving] the unchecked rise of authoritarianism worldwide.”

“More recently, realisation has grown that the Genocide Convention’s focus on ethnicity and identity… may have the perverse effect of reinforcing inter-group hatreds.”

“We may do better through engaging in less polarising genocide rhetoric and making more effort to achieve the spirit of the Genocide Convention.”

“The key is humility by recognising that inflicting evil is an unavoidable part of the human condition. But so also is the instinct to do good.”