scholarly journals Never Again: A Legal Chimarea?

Author(s):  
Christopher John Hale

This article examines the scope of the duty that arises from Article 1 of the Genocide Convention[1] (hereinafter, the Convention) that imposes on States the dual obligation to prevent and punish genocide as an international crime. The analysis will focus on the legal problems arising from the punishable acts of Article 3 which asserts a prophylactic framework regarding the crime of genocide. This article argues that Article 3 is fundamental to the obligation to prevent as well as punish since the prohibited acts are inchoate (meaning incomplete). If an act of genocide is legally conceived as incomplete, it can, in theory, be repressed in the spirit of the Convention.   [1] “Convention on the Prevention and Punishment of the Crime of Genocide,” open for signature December 9, 1948, registration no. A/RES/3/260, http://un-documents.net/a3r260.htm.

Author(s):  
Christine Byron

Genocide has been called the “crime of crimes” and the gravest violation of human rights it is possible to commit. It was developed as an international crime in reaction to the Nazi Holocaust and intended to provide for the prosecution of those who sought to destroy entire human groups. The word “genocide” was coined by a Polish lawyer, Raphael Lemkin, in his book Axis Rule in Occupied Europe (1944) to provide a legal concept for this unimaginable atrocity. The word is a hybrid of the Greek word genos, meaning race, nation, or tribe, and the Latin suffix cide, meaning killing. Although genocide is often spoken of in the same breath as war crimes and crimes against humanity, it is not the same thing. War crimes refer to violations of the law of armed conflict, while crimes against humanity, of which genocide is often seen as a more serious subset, require a widespread or systematic attack against a civilian population. Unlike war crimes, the crime of genocide does not have to take place during an armed conflict (although it often does), and unlike crimes against humanity, it may also be perpetrated against soldiers or prisoners of war from the targeted group (if it happens to take place during an armed conflict). Additionally, crimes against humanity do not have to be perpetrated against a specific human group, as is the case with genocide, but simply against a civilian population. While the concept of genocide was developed after World War II, it is unfortunately true that the mass killing of human groups is much older than the legal expression; indeed, the first genocide of the 20th century is widely thought to have been the German genocide of the Herero and Nama in German South West Africa (modern-day Namibia) between 1904 and 1907. The Genocide Convention of 1948 (officially the Convention on the Prevention and Punishment of the Crime of Genocide) declared that “genocide, whether committed in time of peace or in time of war, is a crime under international law which they, the contracting parties, undertake to prevent and to punish.” Nevertheless, the real development of systematic international trials and punishment for the crime of genocide waited for the end of the 20th century: the ad hoc tribunals for the former Yugoslavia and Rwanda and the inclusion of the crime of genocide in the Rome Statute of the International Criminal Court.


2016 ◽  
Vol 11 (2) ◽  
pp. 99-106 ◽  
Author(s):  
Залужный ◽  
Aleksandr Zaluzhnyy ◽  
Бойко ◽  
Pavel Boyko

The article is devoted to political and legal questions of international cooperation in the sphere of combating transnational crime. The urgency of presented problems is caused by the fact that today transnational organized crime is radically transformed in compliance with globalization processes, accumulates considerable material resources, expands spheres of influence, gets into state bodies and financial and economic institutes of various countries, is often closely connected with terrorist and extremist organizations. On the basis of studying international documents and experience of interaction of various countries in the examined sphere, the basic tendencies of development of international cooperation in the struggle against transnational crime, ways of perfection of legal base of states interaction on combating international crime are defined.


2011 ◽  
Vol 39 (2) ◽  
pp. 194-209 ◽  
Author(s):  
Roel van Rossum

During the Second World War, the government of the Netherlands realized that it had no adequate penalization system in place for wartime offences. Thus, the Criminal Law Wartime Occupation Decree of 22 December 1943 (BBS, Stb. D 61) was enacted to penalize offences committed during wartime. This emergency legislation was recognized as legally valid after the war. It then took until the Wartime Offences Act of 10 July 1952 (effective date 5 August 1952, the “WOS”) for wartime offences to be subjected to specific penalties. This was followed by separate statutes penalizing genocide (Genocide Convention Implementation Act of 2 July 1964, effective date 24 October 1970) and torture (Torture Convention Implementation Act of 29 September 1988, effective date 20 January 1989).


Author(s):  
Robert Weiner

Genocide is described as the most extreme form of crime against humanity; Winston Churchill even called it the “crime with no name.” The word “genocide” was coined by Raphael Lemkin, a Polish lawyer who embarked on a mission to persuade the international community to accept genocide as an international crime under international law. In 1946, the first session of the United Nations General Assembly adopted a resolution declaring genocide as a crime under international law. This resolution became the basis for the Convention on the Prevention and Punishment of the Crime of Genocide, introduced in 1948. However, it would take another fifty years before the Genocide Convention would establish an International Criminal Court that would prosecute international war criminals. In the 1990s, special ad hoc tribunals were created for Yugoslavia and Rwanda to deal with international crimes such as genocide, crimes against humanity, and war crimes. In reaction to the failure of the international community to deal with genocide in Rwanda, a great deal of emphasis has been placed on the norm of “the Responsibility to Protect.” The Genocide Convention was tested in the case brought by Bosnia and Herzegovina against Serbia (originally Serbia and Montenegro) in 1993. It was the first time in history that a sovereign state was placed on trial for the commission of genocide. The implications and ramifications of the International Court of Justice’s ruling that the Serbian government did not commit genocide in Bosnia became a subject of considerable debate among legal scholars.


Laws ◽  
2020 ◽  
Vol 9 (1) ◽  
pp. 1 ◽  
Author(s):  
Ciara Finnegan

Raphael Lemkin, the man who founded the term ‘genocide,’ did so with a view to protecting not only physical beings from systematically imposed extinction, but also protecting their cultures from the same fate. However, in the wake of the atrocities and bloodshed of WWII, cultural genocide was omitted from the 1948 Genocide Convention, and as a result, does not constitute an international crime. This omission has left a lacuna in international law which threatens minority groups. Not a threat of loss of life but rather loss of the culture that distinguishes them and identifies them as a minority. Powerful States with indifferent attitudes towards their international obligations face no significantly harsher punishment for cultural genocide than they do for other human rights transgressions. Consequently, cultural genocide continues as minority cultures are rendered extinct at the hands of States. The Case Study of this article investigates the present-day example of the Uyghur minority in China and analyzes whether this modern cultural genocide can pave the way for the recognition of cultural genocide as an international crime or whether the Uyghur culture will become a cautionary tale for minorities in the future.


2005 ◽  
Vol 18 (2) ◽  
pp. 257-282 ◽  
Author(s):  
WIBKE KRISTIN TIMMERMANN

This article focuses on the development of the crime of incitement to genocide and the prohibition of hate propaganda. It first examines the conflict which exists between these and the right to freedom of speech and concludes that a limitation of this right through prohibition of hate propaganda and criminalization of incitement to genocide is justifiable. The article then analyses how the crime of incitement to genocide and the prohibition of hate propaganda first developed historically, focusing on judgments by the International Military Tribunal at Nuremberg and the Genocide Convention, on the one hand, and on international conventions and case law by the Human Rights Committee and the European Court of Human Rights, on the other. Next, recent ICTR decisions are examined, in which the ICTR has considerably clarified and extended the concept of incitement to genocide. The tribunal has brought it closer to encompassing vicious hate propaganda by acknowledging that in order to incite individuals to commit genocide, incitement in the sense of instigation is insufficient; it requires the prior creation of a certain climate in which the commission of such crimes is possible. Hate propaganda leads to the creation of such a climate. It is argued that, for several reasons, virulent hate propaganda must be accorded the status of an international crime. Genocide could be prevented more effectively if such speech were criminalized. Several efforts to outlaw hate propaganda internationally in the past are examined. The article concludes that it can be regarded as a crime punishable under the Genocide Convention if a purposive interpretative approach is used, and that hate propagandists should be prosecuted for direct and public incitement to genocide if their hate speech is engaged in with the specific intent to commit genocide, and creates a substantial danger of genocide.


2021 ◽  
Author(s):  
Teoman Ertuğrul Tulun

Raphael Lemkin, a Polish lawyer of Jewish ancestry, coined the term of genocide in 1944. The period in which Lemkin coined the term coincides with the Second World War. He started to write his most significant work, Axis Rule in Occupied Europe, in 1942. He formulated his work in Nazi Germany's and other Axis Power's occupation policy especially in Poland and the Soviet Union. Lemkin's central insight was to deduce from these occupation regulations that the Germans intended to reorganize Europe along racial lines, which would entail mass murder and the suppression of other cultures. Lemkin modified his initial proposals on genocide formulated in the Axis Rule in Occupied Europe and advocated that the newly formed United Nations should sponsor a treaty to prevent genocide and use its machinery to enforce it. On December 11, 1946, one year after the final armistice, the UN General Assembly unanimously passed a resolution which stressed that "The punishment of the crime of genocide is a matter of international concern."In the ensuing period, The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted by the General Assembly of the United Nations on 9 December 1948. According to the Genocide Convention, genocide is a crime that can take place both in times of war and in the time of peace. The concept of genocide, which Lemkin brought to the agenda and tried to make it an international crime, was fully established on a legal basis by adopting the legally binding Genocide Convention. The Genocide Convention should not be eroded, and the term genocide, which has a strict legal definition, should not be used randomly. Recently statements were made that will erode the genocide convention, especially in the Balkans. Statements by the President of Croatia, Zoran Milanovic, downplaying the Srebrenica Genocide are example. Speaking to the press in the city of Komija on the Croatian island of Vis, Milanovic, answering a question on whether he considered Srebrenica a genocide, recently said the following: "I say yes, but then for some more serious crimes, we have to invent another name. I respect other people's sacrifices, but not everything is the same. If everything is genocide, we will have to find another name for what the Nazis and the German machinery did to the Jews in the Second World War. It is the Holocaust, but it is also genocide. Not every victim is the same, it is relativization.'' Considering that certain EU countries have been recently bringing up revisionist views and suggestions regarding the Balkans, we cannot ignore the possibility that Milanovic will jump on the bandwagon of producing "brilliant" ideas. In this context, it suffices to recall the Slovenian Prime Minister's plan (as the Slovenian EU presidency) to dismember Bosnia and Herzegovina, reorganize the borders of Croatia, Serbia, Albania, and Kosovo..The statements of Milanovic in this respect are also noteworthy in that they seriously question the current legal basis and framework of the crime of genocide.These statements will inevitably have repercussions both in the Balkans and internationally. It should be noted that any misuse of the term genocide based on shallow political interests will constitute an utter disservice to the fundamental principles of maintaining international peace, security, and stability as enshrined in the UN Charter. In terms of the Balkans, as mentioned above, it is noteworthy that revisionist discourses have recently come from countries such as Slovenia and Croatia, which are both NATO and EU members. It is disappointing that these countries, instead of playing a role that strengthens security and stability in the Balkans, play a role that disrupts security and stability. Member states of these influential international and supranational organizations are naturally expected to be much more careful in ensuring and maintaining security and stability in the Balkans. If there is a danger of fire in an area, instead of throwing flammable materials into the area, it is necessary to try to prevent the fire hazard. As AVİM, we hope that rhetoric and policies to the contrary will not be accepted in both NATO and the EU.


2019 ◽  
Vol 4 ◽  
pp. 217-221
Author(s):  
T.M. Churylova ◽  
◽  
O.V. Rudenko ◽  

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