This paper addresses the role of religious identity in situations of genocide. It argues that social identity theory can bridge the gap between genocide, religion, and law. They share a common ground of othering, where one's own religious in-group is favored over another (religious or non-religious) out-group.

According to social identity theory, personal identity is based on membership in significant social categories that automatically lead to the creation of in-group and out-group dichotomies. To a large extent, the group's identity replaces the individual's own identity, favoring in-group members over of the out-group. The creation of a collective 'us' that contrast against 'them' provides an arena for negativity and conflict. Research has concluded that identity competition plays a central role in the inception and escalation of intergroup conflicts, including conflicts that occur along religious fault lines.

International criminal courts do not recognize the commonalities of identity fault lines and intergroup belonging. Where stigmatization and discrimination forms an understanding of the 'others', against whom 'we' have to stand united and defend 'our' (religious) grounds. This paper suggests drawing on social identity theory for the understanding of religious identity markers that reflect in genocidal acts. These markers can be used in the interpretation of the genocidal "intent to destroy a (…) religious group".

This paper will discuss cases from Rwanda, Yugoslavia, Cambodia, and recent developments in Myanmar and India.