The Genocide Convention

Analytical Essay # 109372

Holocaust Studies
Law > International

A review of whether the Genocide Convention stands in urgent need of revision.

2,514 words () | 15 sources | APA | 2005 United States

Paper Summary:

The paper discusses the Genocide Convention and examines whether the Convention is still relevant as the foremost legal instrument dealing with the most heinous crime known to mankind. The paper analyzes the Convention as it stands, and whether it is indeed in urgent need of revision.

Outline:
The Genocide Convention
Background To Genocide Convention
Analysis of the Convention
Advantages of the Convention
Disadvantages of the Convention
Revision Of Convention
Definition of Genocide

From the Paper:

"Since the end of the Cold War, genocide has been coming under increasing scrutiny, as sociologists focus on the many shortcomings of the Convention . The Convention is concerned with both punishment and prevention. The former aspect has attracted most attention , whilst it has generally been perceived that the latter aim has failed to be realised. When the Convention was drafted, the crime was primarily committed against groups of people because of their ethnic, religious or racial backgrounds, usually by the territorial state .
"The concept of formally prosecuting them was at that time revolutionary, and Lemkin had considerable opposition against his proposed definitions and legislation. Lemkin, as an academic, wanted a drafting reflecting his stance of 'no-tolerance', whilst the states wanted clauses that would not compel them to intervene, or prevent them from any course of action they may wish to pursue. These conflicting objectives gave rise to the present Convention, and need to be kept in mind whilst examining it."

Sample of Sources Used:

Ed George J. Andreopoulos, Genocide: Conceptual And Historical Dimensions, University of Pennslyvania Press, 1993.
Ed. Adam Jones Genocide, War Crimes & The West: History And Complicity.
Ed. Jane E. Stromseth, Accountability For Atrocities: National And International Responses, Transnational Publishers, 2003. Raphael Lemkin, Axis Rule of Occupied Europe, 1944.
Geoffrey Robertson, Crimes Against Humanity: The Struggle For Global Justice, London 2002.
Ed Philippe Sands, From Nuremberg to the Hague: the Future of International Criminal Justice, Cambridge University Press 2003.