What the Wall Street Journal Article (& by proxy, Foreign Policy) misses, however, is that genocide is not measured quantitatively, but qualitatively and with intent. Article II of the Convention on the Prevention and Punishment of the Crime of Genocide (1948) "In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. If Russia or South Ossetian security forces targeted civilians with the intent of killing Georgians for being Georgian, such acts would meet the minimum standard set forth in the convention. The fact that these forces will not be prosecuted for the crimes (probably) doesn't change the fact that genocide occurred-consider the parallel case of identity-based violence in Kenya last spring where no one will be prosecuted.