The Genocide Convention: An International Law Analysis by John Quigley

By John Quigley

"The Genocide conference" explores the query of no matter if the legislations, and genocide legislation particularly, can hinder mass atrocities. the amount explains how genocide got here to be permitted as a felony norm and analyses the purpose required for this categorization. The paintings additionally discusses person matches opposed to states for genocide and, ultimately, explores the application of genocide as a felony proposal.

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30 Rwanda, Code pénal: Décret-Loi No. 21/77 du 18 Août 1977 instituant le Code pénal (1977), Service des Affaires Juridiques de la Présidence de la République, Kigali. 31 Rwanda, Organic Law No. 08/96 of 30 August 1996 on the Organization of the Prosecution of Infractions Constituting the Crime of Genocide or Crimes against Humanity Committed since 1 October 1990, art. 1, Journal officiel, 35th year, no. 17, 1 September 1996. 32 Rwanda, Organic Law No. 08/96, art. 1. 34 The Rwandan prosecutors, while they did charge individual murders, also charged genocide, doubtless seeking thereby to highlight the seriousness of the conduct.

17 Prosecutor v. Krstic, Case No. IT-98-33-T, Judgment, 2 August 2001, para. 727. 14 The Genocide Convention The appeals chamber of the Yugoslavia tribunal changed the genocide conviction to one for complicity in genocide and let the other convictions stand. 18 By handling genocide and crimes against humanity in this fashion, the tribunals have treated genocide and crimes against humanity as separate offenses. They have not regarded genocide as an aggravated form of crimes against humanity. Nor have they treated crimes against humanity as an aggravated form of genocide.

34-39. , p. 26. , p. 304. Chapter 5 Prosecuting Without a Genocide Statute In three instances, genocide has been charged even though domestic statutes contained no genocide article. Genocide was charged in Cambodia in 1979 in a single trial against two former government officials, in Equatorial Guinea in a single trial in 1979 against a group of former government officials, and in Rwanda in multiple trials beginning in 1996. Cambodia and Rwanda had ratified the Genocide Convention, but their parliaments had not legislated on genocide.

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