Convention on the Prevention and Punishment of the Crime of Genocide Essay example

The Convention on the Prevention and Punishment of the Crime of Genocide (1948)1. The Vienna Convention on the Law of Treaties (1969), the Convention applies to treaties between states.2. The Preamble enshrines the recognition of genocide as a crime that must be eradicated from the world within the conceptual framework of the Convention. The atrocities of history are declared as evidence of the substantial impact that genocide has had on humanity and to prevent these atrocities international co-operation is required.3. Articles I and II, Article I which recognises genocide as an international crime in “time of peace or in time of war” which states undertake to “prevent” and “punish”. Article II defines the crime of genocide specifying “an intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.4. Article IV through to Article IX; in particular Article V directs states to enact the necessary legislation to give effect to the provisions of the Convention outlined in Articles I, II and III. Article VIII also provides for states to call upon the United Nations (UN) to take action for the prevention and suppression of the acts enumerated in Article III. While Article VI enshrines the role of tribunals in punishing the crime of genocide and hence enforcing Articles I, II and III.5. Articles X and XI, the Convention was open for signature on 9 December 1948 until 31 December 1949, on behalf of any Member of the UN and of any non-member State to which an invitation to sign had been addressed by the General Assembly.6. Article V asserts that states must enact the necessary legislation to give effect to the provisions of the Convention.7. Article XI, after 1 January 1950 the Convention …

…al of International Law, vol. 20, no. 4, p. 1195-1222.Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948, 12 January 1951.Kelly, M. J. 2008, ‘“Genocide” – the power of a label’, Case Western Reserve Journal of International Law, vol. 40, p. 147-162.Sayapin, S. 2010, ‘Raphael Lemkin: A tribute’, The European Journal of International Law, vol. 20, no. 4, p. 1157-1162.Schabas, W. A. 1999, The genocide convention at fifty, US Institute of Peace, 7 January, 1999.Schabas, W. A. 2008, ‘Origins of the genocide convention: From Nuremburg to Paris’, Case Western Reserve Journal of International Law, vol. 40, p. 35-55.Scott, S. V. 2010, International law in world politics, 2nd edn, Lynne Rienner Publishers, Inc., Colorado.Straus, S. 2005, ‘Darfur and the genocide debate’, Foreign Affairs, vol. 84, no. 1, p. 123-133.

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