(Download) "International Court of Justice As a Forum for Genocide Cases (International Conference in Commemoration of the Sixtieth Anniversary of the Negotiation of the Genocide Convention)" by Case Western Reserve Journal of International Law * Book PDF Kindle ePub Free
eBook details
- Title: International Court of Justice As a Forum for Genocide Cases (International Conference in Commemoration of the Sixtieth Anniversary of the Negotiation of the Genocide Convention)
- Author : Case Western Reserve Journal of International Law
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 345 KB
Description
The international community, in drafting the Genocide Convention in 1948, included a submissions clause that provided for jurisdiction in the International Court of Justice (ICJ) against a state that might violate the Convention. (1) The drafters were not entirely clear in their wording, however, and questions arose as to whether the submissions clause applied only to a state's obligation to prevent and punish genocide committed by others, or whether it applied to a state's obligation to avoid committing genocide itself as well. The Genocide Convention was directed primarily against individuals, making genocide punishable at the level of the individual perpetrator. The Genocide Convention, in its substantive provisions, reads like a criminal law document, defining the offense of genocide in terms of an actus reus and mens rea. The Genocide Convention requires states to prevent genocide, and--if it is committed in a state's territory--to punish it.