“For one, the International Criminal Court only has jurisdiction for crimes committed on or after July 1, 2002, he notes.
And second, Canada excluded the “fifth prong” of [the] Genocide Convention when it incorporated genocide into its Criminal Code in 1970 – purportedly, he says, because “mass transfers of children to another group are unknown in Canada.”
Lysak now views that omission differently given the Tk’emlúps te Secwépemc First Nation recently discovering an unmarked children’s graveyard on its traditional territory.
“The fifth prong prohibited by the Genocide Convention is forcibly transferring children of [a national, ethnic, racial or religious] group to another group,” Lysak explains.”