The Genocide Convention

Paper Summary:

The paper examines three key areas in which the Genocide Convention has been frequently criticised: the limited scope of its definition of genocide; the significant difficulties associated with its 'special intent' requirement and its ineffective system of enforcement. The paper explains that the Convention was a product of the post-WWII era and its flaws stem clearly from policy issues of that time. The paper maintains that this provides a solid justification for revision of the Convention nowadays.

Outline:
Abstract
The Limited Scope of the Definition of Genocide
The 'Special Intent' Requirement
Enforcement of the Convention
Conclusion

From the Paper:

"In 1944 Raphael Lemkin, a Polish Professor of International Law coined the term 'genocide' and then campaigned relentlessly to have it recognised as an international criminal offence after losing many family members to the Holocaust . His action combined with the "universal moral revulsion" felt towards the atrocities committed by the Nazi regime led to the Genocide Convention being drafted in 1948; however, universal condemnation of the recent past and the demonstration of a global commitment to a future which would be based upon the concept of human rights necessitated widespread acceptance of the treaty terms by U.N member states - this was of course especially so in the case of the major powers."

Sample of Sources Used:

• Shaw, M. "International Law" (5th Ed), Cambridge University Press, 2003
• Andreopoulos, G.J. (Ed.) "Genocide: Conceptual and Historical Dimensions"University of Pennsylvania Press, 1994
• Cassese, A. "International Criminal Law", Oxford University Press, 2003
• Charny, I.W (Ed.) "Genocide: A Critical Bibliographic Review" (Vol. 2) Mansell, 1991.
• Ratner, S. "The Genocide Convention after Fifty Years: Contemporary Strategies for Combating a Crime Against Humanity." American Society of International Law Proceedings (1998) 92, pp.1-18.

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• Analytical Essay # 109372 : "The Genocide Convention"
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• Analytical Essay # 119037 : "International Genocide: Sierra Leone"

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