Definition of persecution: The intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity.

We often hear of someone being persecuted - and the Bible tells us it’s an inevitable part of Christian life. In 2 Timothy, the apostle Paul writes, ‘Everyone who wants to live a godly life in Christ Jesus will be persecuted.’ But did you know the word ‘persecution’ has a strict definition in international law? Because of that, it’s important to use the word correctly in this context. If we describe something as persecution when in reality it’s less severe, we risk true persecution not being taken so seriously by the international community.

There are a few high profile cases of genuine religious persecution. In 2016, a UN Commission of Inquiry on Eritrea found ‘reasonable grounds to believe’ that crimes against humanity have been committed by state officials in a ‘widespread and systematic manner’ since 1991, including persecution of religious and ethnic groups. The 2014 genocide of the Yazidis in Syria had ethno-religious elements, and the UN has described the ongoing campaign of violence against the predominantly Muslim Rohingya people in Burma (Myanmar) as a ‘textbook example of ethnic cleansing’.

Defining crimes against humanity

The concept of crimes against humanity emerged after the Second World War, underpinned by the belief that certain crimes are an affront to the very conscience of mankind. Genocide, war crimes, the crime of aggression and crimes against humanity are the four ‘atrocity crimes’ in international law, and persecution is one of the crimes against humanity.

The Rome Statute of the International Criminal Court (ICC), adopted in 1998, defines persecution as the ‘intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity’.

For the crime of persecution to occur, it must be 'committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.'

 In fact, what the early Christians experienced would be classed as persecution in today’s legal definition as it was severe, persistent and done with the deliberate intention of eliminating the Church.

What counts as persecution? 

In the course of CSW’s work we see the full range of violations of freedom of religion or belief. These can be things such as:

• Discrimination
• Harassment
• Intimidation
• Suppression of religious activities, such as church attendance
• Deprivation of liberty, e.g. arrest and detention
• Denial of rights such as voting and education.

Not all of these will fulfil the criterion of ‘severe’ deprivation of fundamental rights, so they may not count as persecution, although they may be precursors of persecution.

Example 1: Destroying a Christian’s property does not constitute persecution even if the property was destroyed because its owner is a Christian.

However, if the attacks on Christian-owned property are incessant and are serious enough to destroy the economic livelihood of a part of the population, this can be persecution.

Case study: India

In 2008 Kandhamal in Odisha State saw the worst anti-Christian violence in India’s history. Over 100 people were killed, hundreds of churches were destroyed, and thousands of homes were looted and burned. More than 54,000 people fled their homes and are still struggling for survival.

Example 2: Destroying places of worship may count as persecution if there are serious effects on a strongly religious population, or if the destruction is part of a deliberate policy targeting a religious

community, aiming to control or end the expression of their religion or belief.

Case study: Zanzibar

Attacks on churches occur sporadically. Restrictions on construction include an extra-legal practice whereby congregations must ask for permission from local communities, which is rarely if ever given. Sometimes buildings are demolished without notice. Several churches, including some with all necessary permissions, are embroiled in court cases, with hearings repeatedly postponed in order to deplete their meagre

resources by forcing them to retain lawyers from mainland Tanzania indefinitely because local lawyers won’t take their cases.

Why it’s important to use the word correctly

The Bible itself uses the term ‘persecution’, and teaches us how to persevere in the face of opposition. But when the word is used wrongly, it confuses scenarios requiring justice through the international legal system with those that do not. People experiencing genuine persecution may then find it harder to get justice.

In addition, history shows us that less severe violations are often the early warning signs of true persecution. Loose application of the term undermines efforts to address these warning signs and prevent the onset of the crime of persecution.

Language matters. Using the word ‘persecution’ correctly, while accurately defining and drawing attention to early warning signs, is one way we can help everyone who faces injustice because of their religion or belief.

Adapted from a blog post by Joanne Collins, CSW’s Parliamentary Officer