Ben Kiernan states that some genocidal massacres are carried out against groups that are not covered by the
Genocide Convention—such as being a member of a political party, or social class—but that these are covered under local laws and international treaties that criminalise
crimes against humanity. However he does acknowledge that massacres against groups other than those in the Genocide Convention, and where the intention of the perpetrators did not specifically intend to commit genocide, are a grey area. William Schabas makes the point that genocidal massacres are criminal offences under
international law as a crime against humanity, and during an armed conflict under the
laws of war. However he points out that international prosecutions for individual acts are not covered by the
Rome Statute (which brought into existence the
International Court of Justice) because crimes against humanity must be "widespread or systematic" and
war crimes usually have to have a threshold above the individual crime "in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes".
Irving Louis Horowitz is critical of Kuper's approach. He cites Kuper's use of the term
genocidal massacre to describe the inter-communal violence during the
partition of India and during
The Troubles in Northern Ireland. Hirsh states "to speak of [these] as genocidal in a context of religious competition and conflict risks diluting the notion of genocide and equating it with any conflict between national, religious, or racial groups". == See also ==