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Ethnic cleansing is the systematic forced removal of ethnic, racial, or religious groups from a given area, with the intent of making the society ethnically homogeneous. Along with direct removal such as deportation or population transfer, it also includes indirect methods aimed at forced migration by coercing the victim group to flee and preventing its return, such as murder, rape, and property destruction.[1][2][3][4][5] Both the definition and charge of ethnic cleansing is often disputed, with some researchers including and others excluding coercive assimilation or mass killings as a means of depopulating an area of a particular group.[6][7][8]
Although scholars do not agree on which events constitute ethnic cleansing,[7] many instances have occurred throughout history. The term was first used to describe Albanian nationalist treatment of the Kosovo Serbs in the 1980s,[9][10] and entered widespread use during the Yugoslav Wars in the 1990s. Since then, the term has gained widespread acceptance due to journalism.[11] Although research originally focused on deep-rooted animosities as an explanation for ethnic cleansing events, more recent studies depict ethnic cleansing as "a natural extension of the homogenizing tendencies of nation states" or emphasize security concerns and the effects of democratization, portraying ethnic tensions as a contributing factor. Research has also focused on the role of war as a causative or potentiating factor in ethnic cleansing. However, states in a similar strategic situation can have widely varying policies towards minority ethnic groups perceived as a security threat.[12]
Ethnic cleansing has no legal definition under international criminal law, but the methods by which it is carried out are considered crimes against humanity and may also fall under the Genocide Convention.[1][13][14]
Most frequently, however, the aim of ethnic cleansing is to expel the despised ethnic group through either indirect coercion or direct force, and to ensure that return is impossible. Terror is the fundamental method used to achieve this end.
Methods of indirect coercion can include: introducing repressive laws and discriminatory measures designed to make minority life difficult; the deliberate failure to prevent mob violence against ethnic minorities; using surrogates to inflict violence; the destruction of the physical infrastructure upon which minority life depends; the imprisonment of male members of the ethnic group; threats to rape female members, and threats to kill. If ineffective, these indirect methods are often escalated to coerced emigration, where the removal of the ethnic group from the territory is pressured by physical force. This typically includes physical harassment and the expropriation of property. Deportation is an escalated form of direct coercion in that the forcible removal of 'undesirables' from the state's territory is organised, directed and carried out by state agents. The most serious of the direct methods, excluding genocide, is murderous cleansing, which entails the brutal and often public murder of some few in order to compel flight of the remaining group members.13 Unlike during genocide, when murder is intended to be total and an end in itself, murderous cleansing is used as a tool towards the larger aim of expelling survivors from the territory. The process can be made complete by revoking the citizenship of those who emigrate or flee.
The Commission considered techniques of ethnic cleansing to include murder, torture, arbitrary arrest and detention, extrajudicial executions, sexual assault, confinement of civilian populations in ghetto areas, forcible removal, displacement and deportation of civilian populations, deliberate military attacks or threats of attacks on civilians and civilian areas, and wanton destruction of property.
Violent conflict changes communities. "Returnees painfully discover that in their period of absence the homeland communities and their identities have undergone transformation, and these ruptures and changes have serious implications for their ability to reclaim a sense of home upon homecoming." The first issue in terms of returning home is usually the restoration of property, specifically the return or rebuilding of homes. People want their property restored, often before they return. But home means more than property, it also refers to the nature of the community. Anthropological literature emphasizes that time and the experience of violence changes people's sense of home and desire to return, and the nature of their communities of origin. To sum up, previous research has identified factors that influence decisions to return: time, trauma, family characteristics and economic opportunities.
'Ethnic cleansing' is probably better described as a popular or journalistic expression, with no recognized legal meaning in a technical sense... 'ethnic cleansing' is equivalent to deportation,' a grave breach of the Geneva Conventions as well as a crime against humanity, and therefore a crime within the jurisdiction of the Tribunal.