自1951年《防止及惩治灭绝种族罪公约》生效以来,灭绝种族罪规定的受保护团体如何界定一直存在争议,特别是含义最为模糊的族裔团体,其判断标准经历了从客观标准、客观或主观标准到主客观标准结合的演变。本文通过前南刑庭和卢旺达刑庭的实践梳理了族裔概念的变化进程,以期对灭绝种族罪族裔团体的归类与判断有所裨益。 Since the entry into force of the Convention on the Prevention and Punishment of the Crime of Genocide in 1951, the Protected Group on Genocide rules have defined the most controversial and, in particular, the most vaguely defined ethnic groups whose standards of judgment have been characterized by objective, objective or Subjective standard to the combination of subjective and objective criteria of evolution. Through the practice of the ICTY and Rwanda Tribunals, the paper sorts out the evolution of the concept of ethnicity with a view to benefiting the classification and judgment of ethnic groups inciting genocide.