Ethnic cleansing refers to the systematic expulsion by a dominant group of members of a minority from a territory. It combines a number of forms of violence and forcible transfer of populations. Such policies are most commonly implemented in times of armed conflict and they have been condemned by international bodies (Commission of Experts, First Interim Report, para. 55). Although a blanket association with ethnicity is no longer plausible, the term is arguably still applied in its contemporary sense to encompass ‘the ‘cleansing’ of groups defined by religion as well as by ethnicity’ (Preece [1998] 820). The term has also been used to cover forcible population transfers aiming at bolstering claims for changes in international boundaries and at consolidating control over disputed territorial areas.
The definition of ethnic cleansing as set out in the Commission of Experts’ First Interim Report of 1993 has since been endorsed by the United Nations Security Council and the UN General Assembly (Mazowiecki Third Report, para. 9). It is broader than the ‘genocidal intent’ test as it does not require that the perpetrators act with the intention to physically destroy the target group. The concept may be applied in peacetime.
Nonetheless, the distinction between ‘ethnic cleansing’ and ‘genocide’ is not without its practical difficulties. The actus reus of genocide, as distinct from that of ethnic cleansing, requires a clear intent to eliminate a group by the means of a systematic, massive and planned campaign of persecution. International criminal tribunals prosecute genocide and have ruled on many cases where the perpetrators have claimed to be engaged in ethnic cleansing.
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