GENOCIDE

GENOCIDE

INTRODUCTION:

• Greek term GENOS(race)
• Latin word CIDE (killing)
• An act to exterminate
• Fully or partially
• National.
• Ethical
• Religious
• Racial
• Germany did the wholesale killing in 2^nd World War.
• Acts necessary to avoid in future
• General Assembly in 1946
• Began processing the convention
• Adopted a resolution in same year
• Genocide declared a crime under International Law
• Because it is killing of a group of human beings
• General Assembly in 1948 adopted the convention
• On prevention and punishment of Genocide
• Came into force in 1951.
• In Oct 2001 there were 131 state parties to this convention.

MEANING:

• Convention defined the term as “international crime”
• Whether committed at the time of war or peace
• Specific acts to be considered as genocide
• Intention is to destroy in whole or part a
• National, ethnic, racial or religious group

IT INCLUDES:

• Killing
• Causing GBH
• Mental harm
• Prevention of birth
• Forcible transfer of children

PUNISHMENT FOR THIS ACT:

• In preamble genocide declared as a crime
• It is contrary to the spirit of UN
• Condemned by the civilized world
• Punishment for genocide, conspiracy to commit genocide
• Direct or public incitement to commit genocide
• Persons performing above acts may be
• Constitutional rulers
• Public officers
• Private individuals
• No plea can b taken for superior order
• Shall be tried by a competent tribunal of the state in the territory
• Or by such international penal tribunal
• Genocide is not a political crime, so no extradition
• Unescapably punishment shall be given to the person committing genocide
• No implementation system given by the convention
• Penalties for persons who committed genocide are not stated in the convention
• Convention simply provides that the contracting parties should enact legislation to provide effective penalties.
• No elaboration of the term effective penalties.
• However the parties should enact the penalties in accordance to their respective constitutions.
• Convention further describes that the disputes between the parties relating to interpretation, application or fulfillment of the convention including the responsible state for genocide shall be submitted to the ICJ.
• Any of the parties to the dispute can request this application.
• Rule of JUS COGENS in international law, applies to all the members of the international community, as it is universally recognized.
• There are many examples of the genocide even after the adoption of the convention.

1.      Tutsi massacres of Hutu in Burundi

2.      Paraguayan massacres of Ache

3.      Khmer killings in Kampuchea

4.      Genocide in Bosnia and Herzegovina by Yugo Slovakia

5.      Genocide in Rwanda by Hutu

PREVETION OF GENOCIDE:

• Needs both early warning and early action.
• In 2004 Secretary-General appointed special advisor on Genocide
• Small but highly professional staff assisted him
• Describes his office as Focal Point.
• For information inside and outside the UN system.