Abstract

COTE BARCO, Gustavo Emilio  and  VEGA DUENAS, Lorena Cecilia. The Notion of Destruction in Genocide and The Protection of The Cultural Identity of Ethnic Groups in Armed Conflicts: The Case of The Nasa People in Northern Cauca (Colombia). Díkaion [online]. 2022, vol.31, n.2, e3127.  Epub Aug 19, 2022. ISSN 0120-8942.  https://doi.org/10.5294/dika.2022.31.2.7.

This article discusses to what extent the international legal definition of genocide protects the cultural identity of ethnic groups as an autonomous interest, independent of their members' lives. It argues that cultural identity constitutes an object of protection with relative autonomy. Although the element "intent to destroy" can be broadly construed, the means to achieve the group destruction are limited since they must necessarily be subsumed in the acts of genocide enunciated in Art. II of the Convention for the Prevention and Punishment of the Crime of Genocide. However, it points out that these acts do not always occur under identical conditions because the effects of violence depend on the context in which it takes place and the characteristics of the attacked group. The article connects the normative analysis of the relevant case law and the preparatory works of the Convention with the empirical study of the case of the Nasa people to support this consideration. Thus, it seeks to illustrate some types of damages that the cultural identity of indigenous peoples may suffer in armed conflicts. Finally, the article highlights the importance of interpreting this crime in context.

Keywords : Intent to destroy; cultural genocide; cultural identity; ethnic groups; Nasa people.

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