ABSTRACT
This conclusion presents some closing thoughts on the key concepts discussed in the preceding chapters of this book. The book shows that the assumption that international criminal tribunals were to a certain degree also influenced by historical ideas of racial categories appears to be justified given that they reverted to objective, biological definitions of race. It demonstrates that in adjudicating the crime of genocide, the international criminal tribunals gradually moved away from a purely objective approach to race. The book focuses on the crime of persecution revealed that, although the courts consistently relied on the perpetrator’s identification of the victim group and uniformly recognised the perpetrator’s role in its stigmatisation and discrimination, they circumvented the issue of race. It concludes that the distinct placement of race in the mens rea of the crime of persecution leads to the courts taking a distinct approach.
