The “Victimized Group” Concept in the Genocide Convention and the Development of international humanitarian law through the practice of the Ad Hoc Tribunals
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CitationAksar, Y. (2003). The “Victimized Group” Concept in the Genocide Convention and the Development of international humanitarian law through the practice of the Ad Hoc Tribunals. 5(2), s. 211-224.
The crime of genocide2 is universally prohibited by the conventional and customary rules of international law, “whether committed in time of peace or in time of war.”3 The legal base of the crime of genocide rests on the Convention on the Prevention and Punishment of the Crime of Genocide, which was adopted by the UN General Assembly in 1948.4 The adoption of the 1988 ICC Statute should also be considered as constituting another treaty base for this crime since it gives jurisdiction to the ICC over the crime of genocide, to try and punish responsible individuals in this regard.5 Furthermore, there is no doubt that the rules governing the crime of genocide are part of customary rules of international law which have reached the level of jus cogens,6 and the consequential obligation on States to prevent and punish the crime of genocide is erga omnes in nature.7 Despite its extensive prohibition under the conventional and customary rules of international law, until the practice of the ICTY8 and the ICTR,9 it was not possible to enforce these rules at the international level because of the principle of sovereignty of States and of the non-existence of an international criminal tribunal or court.10 The establishment of the ICTY and the ICTR and their practice demonstrate its enforceability at the international level. The international community has been witnessing charges of genocide and the punishment of individuals responsible for this crime as a way of refuting the criticism that genocide has not captured enough attention to prevent and punish responsible persons and finding States responsible under the Genocide Convention. In fact, it is true that a number of genocidal events have not been dealt with in accordance with the provisions of the Genocide Convention, such as the Russian, Cambodian, Bangladesh, Afghanistan cases, all of which occurred in the twentieth century. However, the latest developments in international humanitarian law should be seen as promising that human rights violations will also not be
SourceJournal of Genocide Research
- Makale Koleksiyonu