Proving violations of the 1948 Genocide Convention

2021 ◽  
pp. 91-134
Author(s):  
Kriangsak Kittichaisaree
Keyword(s):  
2016 ◽  
Vol 10 (2) ◽  
pp. 69-85 ◽  
Author(s):  
Sam MCFARLAND ◽  
Katarzyna HAMER

Raphael Lemkin is hardly known to a Polish audiences. One of the most honored Poles of theXX century, forever revered in the history of human rights, nominated six times for the Nobel PeacePrize, Lemkin sacrificed his entire life to make a real change in the world: the creation of the term“genocide” and making it a crime under international law. How long was his struggle to establishwhat we now take as obvious, what we now take for granted?This paper offers his short biography, showing his long road from realizing that the killing oneperson was considered a murder but that under international law in 1930s the killing a million wasnot. Through coining the term “genocide” in 1944, he helped make genocide a criminal charge atthe Nuremburg war crimes trials of Nazi leaders in late 1945, although there the crime of genocidedid not cover killing whole tribes when committed on inhabitants of the same country nor when notduring war. He next lobbied the new United Nations to adopt a resolution that genocide is a crimeunder international law, which it adopted on 11 December, 1946. Although not a U.N. delegate – hewas “Totally Unofficial,” the title of his autobiography – Lemkin then led the U.N. in creating theConvention for the Prevention and Punishment of the Crime of Genocide, adopted 9 December, 1948.Until his death in 1958, Lemkin lobbied tirelessly to get other U.N. states to ratify the Convention.His legacy is that, as of 2015, 147 U.N. states have done so, 46 still on hold. His tomb inscriptionreads simply, “Dr. Raphael Lemkin (1900–1959), Father of the Genocide Convention”. Without himthe world as we know it, would not be possible.


2020 ◽  
pp. 1-16
Author(s):  
Dovilė Sagatienė

Abstract Since 1990 Lithuania has been claiming that what happened there during Soviet occupation is genocide, as per the 1948 Genocide Convention, which embodies universal justice for suppressed nations and other groups. Due to Soviet actions in Lithuania throughout the periods of 1940-1941 and 1944-1990, the country lost almost one fifth of its population. The application of Lithuanian national legal regulations regarding this issue has been recently discussed in the framework of another postwar international legal instrument – the European Convention of Human Rights (1950). The goal of this article is to examine the main debates, which were revealed by the European Court of Human Rights in the cases of Vasiliauskas v. Lithuania (2015) and Drėlingas v. Lithuania (2019), regarding the killings of Lithuanian partisans, including the recognition of the significance of partisans for the Lithuanian nation, the foreseeability of genocide “in part,” as well as the punishment for complicity in killing Lithuanian partisans.


1992 ◽  
Vol 97 (4) ◽  
pp. 1317
Author(s):  
Seymour Maxwell Finger ◽  
Lawrence J. LeBlanc

2019 ◽  
Vol 3 (1) ◽  
pp. 11
Author(s):  
Yaya Kareng ◽  
Hartanto Hartanto ◽  
Choirul Anam

A reservation is a unilateral statement made by a State at the time of signing, accept, ratify, ratify or accede to the treaty, which is the main content is to issue or to modify the legal effect of certain provisions in its enforcement against the State (KW 1969). Initially reservation (requirements) are defined differently based subjects that provide definition. As for the definition independent of the reservation that in general it is a unilateral statement put forward by a country at the time expressed consent to be bound by a treaty, which said "Refuse to accept or recognize or do not want to be tied to, or unwilling to accept the legal consequences of one or more provisions of the agreement, or to modify or customize the content or provide its own meaning on one or more provisions of the agreement in accordance with the needs of the country ", dissent is possible if there is no commonly agreed definition.


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