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Convention on the Prevention and Punishment of the Crime of Genocide Totally Explained
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Everything about Genocide Convention totally explainedThe Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly in December 1948 and came into effect in January 1951. It defines genocide in legal terms, and is the culmination of years of campaigning by lawyer Raphael Lemkin, who coined the term by reference to the Simele massacre, the Holocaust, and the Armenian Genocide. All participating countries are advised to prevent and punish actions of genocide in war and in peacetime. The number of states that have ratified the convention is currently 137.
Definition of genocide
Article 2 of the Convention defines genocide as
...any of the following acts committed with [[Genocide#Intent to destroy |
Article 3 defines the crimes that can be punished under the convention:
» (a) Genocide;
(b) Conspiracy to commit genocide; » (c) Direct and public incitement to commit genocide;
(d ) Attempt to commit genocide; » (e) Complicity in genocide. |
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Note
Provisos granting immunity from prosecution for genocide without its consent were made by Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and Yugoslavia. Prior to its ratification of the convention, the United States Senate was treated to a speech by Senator William Proxmire in favor of this treaty every day that the Senate was in session between 1967 and 1986.
Breaches
Rwanda
The first time that the 1948 law was enforced occurred on September 2, 1998 when the International Criminal Tribunal for Rwanda found Jean-Paul Akayesu, the former mayor of a small town in Rwanda, guilty of nine counts of genocide. The lead prosecutor in this case was Pierre-Richard Prosper. Two days later, Jean Kambanda became the first head of government to be convicted of genocide.
Yugoslavia
The first state to be in breach the Genocide convention was Serbia. In the Bosnia and Herzegovina v. Serbia and Montenegro case the ICJ presented its judgement on 26 February 2007. It cleared Serbia of direct involvement in genocide during the Bosnian war, but ruled that Belgrade did breach international law by failing to prevent the 1995 Srebrenica genocide, and for failing to try or transfer the persons accused of genocide to the ICTY, in order to comply with its obligations under Articles I and VI of the Genocide Convention, in particular in respect of General Ratko Mladić.
Further Information
Get more info on 'Genocide Convention'.
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