UN GENOCIDE CONVENTION.
MEANING AND FLAWS
Suren Manukyan
American University of Armenia
Convention on the Prevention and Punishment of the Crime of Genocide
Adopted by Resolution 260 (III) A of the U.N. General Assembly on 9
December 1948.
Entry into force: 12 January 1951.
The Contracting Parties,
Having considered the declaration made by the General Assembly of the
United Nations in its resolution 96 (I) dated 11 December 1946 that genocide
is a crime under international law, contrary to the spirit and aims of the
United Nations and condemned by the civilized world,
Recognizing that at all periods of history genocide has inflicted great losses
on humanity, and
Being convinced that, in order to liberate mankind from such an odious
scourge, international co-operation is required,
Hereby agree as hereinafter provided:
Article I: The Contracting Parties confirm that genocide, whether
committed in time of peace or in time of war, is a crime under
international law which they undertake to prevent and to punish.
this definition differed from that of crimes against humanity - violations
against civilians during war.
the state certain duties: to prevent and punish
Article II: In the present Convention, genocide means any of the
following acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such:
a/ the “intent to destroy” a group.
genocidal intent must be the only reasonable inference based on the facts and
circumstances.
However, most governments are more sophisticated and try not to leave such
incriminating evidence for future prosecutors to find. The intent is very difficult
to prove.
Pro-perpetrator interpretation?
Article II: In the present Convention, genocide means any of the
following acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such:
d/ “in whole or in part” - a substantial part of the group
“a substantial part,” =
a/ the number of individuals targeted in relation to the overall size of the entire group,
b/ prominence within the group,
c/ part of the group that is emblematic of the overall group or essential to its survival.
Article II: In the present Convention, genocide means any of the
following acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such:
. "...a national, ethical, racial or religious group.”
“stable and permanent groups” protected by the Convention. In a later ruling,
however, the ICTY argued that a persecuted group is often defined by the
perpetrators based on perceived characteristics. The ICTY also asserted that a
group cannot be defined negatively; the victims cannot be “non-Serbs,” for
instance.
Political groups
Political killings were removed following the objection from Soviet Union,
Lebanon, Sweden, Brazil, Peru, Venezuela, the Philippines, the Dominican
Republic, Iran, Egypt, Belgium, and Uruguay.
“the Convention's definition should follow the etymology of the term”
Article II: In the present Convention, genocide means any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical, racial or
religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Some of these acts are more clearly defined than others.
“causing serious bodily or mental harm to members of the group.”= harm
need not be permanent or irremediable and can include torture, rape when
committed with the intent to destroy a protected group.
“mental harm”, forced removal of children from their parents as non-physical
attack on group
Article II: In the present Convention, genocide means any of the following
acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Some of these acts are more clearly defined than others.
“causing serious bodily or mental harm to members of the group.”= harm
need not be permanent or irremediable and can include torture, rape when
committed with the intent to destroy a protected group.
Article III: The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Article IV: Persons committing genocide or any of the other acts enumerated in
article III shall be punished, whether they are constitutionally responsible rulers,
public officials or private individuals.
Article V: The Contracting Parties undertake to enact, in accordance with their
respective Constitutions, the necessary legislation to give effect to the provisions
of the present Convention, and, in particular, to provide effective penalties for
persons guilty of genocide or any of the other acts enumerated in article III.
Article VI: Persons charged with genocide or any of the other acts enumerated in
article III shall be tried by a competent tribunal of the State in the territory of
which the act was committed, or by such international penal tribunal as may have
jurisdiction with respect to those Contracting Parties which shall have accepted
its jurisdiction.
Article VII: Genocide and the other acts enumerated in article III shall not be
considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in
accordance with their laws and treaties in force.
Article VIII: Any Contracting Party may call upon the competent organs of the
United Nations to take such action under the Charter of the United Nations as
they consider appropriate for the prevention and suppression of acts of genocide
or any of the other acts enumerated in article III.
Persons and not states?
The UN definition doesn’t require the killings to have been
committed by the state for them to count as genocide.
No mention of a “state” in the definition
Unsuccessful justice
International criminal tribunals have not been forthcoming in punishing the
perpetrators.
If tribunal has convened the result has often made a mockery of justice.
Avoid to call “genocide” to avoid obligation to prevent and punish
1988 - the United States ratified the CPPCG
1993 - in International Criminal Tribunal for the Former Yugoslavia (ICTY).
1994 - International Criminal Tribunal for Rwanda (ICTR).
1998 - the Rome Statue of the International Criminal Court (ICC) established
the first permanent international criminal court.
Since 1990ss - the evolution of a new jurisprudence of genocide.
Thank you!
Medical staff of the national hospital, Sebastia, 1903
