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In a Monday Washington Post article by @schmidtsam7 on the impending indictment of Jeanine Áñez for the Sacaba and Senkata massacre, @hrw researcher @_Cesar_Munoz cites the "genocide" charge as evidence of bias. I believe there is a misunderstanding here…Permalink On twitter.com
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There is a global definition of the crime of genocide, which rests upon an effort to destroy an ethnic group in whole or in part. And there is a Bolivian penal code crime of genocide which is broader.Permalink On twitter.com
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The Penal Code Article 138 incorporates the international definition but adds: "En la misma sanción incurrirán el o los autores, u otros culpables directos o indirectos de masacres sangrientas en el Estado Plurinacional." bolivia.infoleyes.com/articulo/73871Permalink On twitter.com
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"The same sanction will be incurred by the authors of bloody massacres, and those directly or indirectly culpable for them, within the Plurinational State."Permalink On twitter.com
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In other words, mass killings are "genocidio" under the law, regardless of intent to destroy an ethnic group.Permalink On twitter.com
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The #GIEIBolivia report also raises evidence of racial animus in some, but not all of the human rights violations it documents on the part of the Áñez government, but these aren't essential to a prosecution for the Senkata and Sacaba massacre under CP Art. 138.On twitter.com
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Historical note: Early drafts of the UN genocide convention would have banned genocide against "political" groups as well, but Stalin-era diplomats from the USSR deleted the word. Our understanding of the crime's scope is derived in part from that compromise.Permalink On twitter.com