Hacia una fundamentación normativa del delito de genocidio. Aplicaciones concretas a los pueblos indígenas

Abstract

This paper aims to test reasons for rethinking the size, depth and edges of the concept of genocide from the perspective of indigenous peoples. Far from a reformulation of its contents or a reconceptualization of the term that gives life and place, we intend to rely on the radical enunciation of the Article II of the Convention on the Prevention and Punishment of the Crime of Genocide. From there, genocide is a denial of the right to existence, individually and collectively, of groups, communities and peoples. The work shall expose the reasons why this concept of genocide has fallen into disuse which suppose a strong degradation in the test of democratic rights in many states, from legal practitioners as Interamerican Court of Human Rights. The experience of extermination, persecution and genocide of indigenous peoples is a perfect example of the democratic shortcomings of many states in the treatment of indigenous peoples, especially, in Latin America.