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47 Geo. J. Int'l L. 573 (2015-2016)
Convert or Die: Forced Religious Conversions and the Convention on the Prevention and Punishment of the Crime of Genocide

handle is hein.journals/geojintl47 and id is 578 raw text is: 






        CONVERT OR DIE: FORCED RELIGIOUS
  CONVERSIONS AND THE CONVENTION ON THE
  PREVENTION AND PUNISHMENT OF THE CRIME
                          OF GENOCIDE


                              NATHAN LEE*

                                ABSTRACT

   Through violence and threats, oppressive regimes and militant groups around
the world have forced people to abandon their religious beliefs and adopt new
ones. To survive, many give into this coercion and convert to another religion.
Most applicable penal instruments fail to adequately protect against this
conduct. The Convention on the Prevention and Punishment of the Crime of
Genocide, however, provides adequate protection against this crime.
   The Convention prohibits specific genocidal acts that are committed against a
protected group, including religious groups. The Convention's purpose is to
prevent the destruction of these protected groups-the type of destruction caused
by forced religious conversions. Specifically, forced conversions prevent births
within a religious group and cause children from that group to be transferred to a
different religious group. Both of these actions qualify as genocidal activities that
the Convention prohibits.
   This Article carefully examines the Convention's text, purpose, and drafting
history to show that it protects individuals from having to change their religious
beliefs in the face of severe threats and persecution. By including religious groups
within the Convention's protections, while excluding other groups, such as
political groups, the drafters indicated that they thought religious beliefs were of
paramount importance and that a person should not be required to change
religious beliefs to avoid persecution. Several international courts have already
recognized the broad scope of the Convention and have applied it in instances of
mass rapes and severe mental trauma. Recognizing that it also applies to forced
religious conversions is consistent with the Convention's text, purpose, and
drafting history and provides courts with an adequate and important legal
instrument to address this crime.

  I.  INTRODUCTION  ....................................             574



    * Law Clerk for the Honorable James 0. Browning, United States District Judge for the
District of New Mexico, 2014-2015 term;J.D., 2014, Southern Methodist University School of Law.
I would like to thank Professor Anthony Colangelo for reviewing and providing comments
through multiple drafts of this Article. © 2016, Nathan Lee.

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