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UN Convention Of 1948
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United Nations General Assembly, on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 152 state parties . The Genocide Convention was conceived largely in response to World War II, which saw atrocities such as the Holocaust that lacked an adequate description or legal definition. Polish-Jewish lawyer Raphael Lemkin, who had coined the term genocide in 1944 to describe Nazi policies in occupied Europe and the Armenian genocide, campaigned for its recognition as a crime under international law. This culminated in 1946 in a land ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Parties To The Genocide Convention
The list of parties to the Genocide Convention encompasses the states who have signed and ratified or acceded to Convention on the Prevention and Punishment of the Crime of Genocide to prevent and punish actions of genocide in war and in peacetime. On 11 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide was opened for signature. Ethiopia became the first state to deposit the treaty on 1 July 1949. Ethiopia was also among the very few countries that incorporated the convention in its national law immediately— as early as the 1950s. The treaty coming into force, came into force and closed for signature on 12 January 1951. Since then, states that did not sign the treaty can now only accede to it. The instrument of ratification, accession, or succession is deposited with the Secretary-General of the United Nations As of December 2019, 152 states have ratified or acceded to the treaty, most recently Mauritius on 8 July 2019. One state, the Dom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incitement To Genocide
Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is considered an inchoate offense and is theoretically subject to prosecution even if genocide does not occur, although charges have never been brought in an international court without mass violence having occurred. "Direct and public incitement to commit genocide" was forbidden by the Genocide Convention in 1948. Incitement to genocide is often cloaked in metaphor and euphemism and may take many forms beyond direct advocacy, including dehumanization and "accusation in a mirror". Historically, incitement to genocide has played a significant role in the commission of genocide, including the Armenian genocide, the Holocaust and the Rwandan genocide. Definitions "Direct and public incitement to commit genocide" is forbidden by the Genocide Convention (1948), Article 3(c). If genocide were to be committe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Complicity In Genocide
Complicity in genocide is illegal under international law both for individuals, as part of international criminal law, and state parties to the Genocide Convention. The latter was first held in the Bosnian genocide case (2007) in which the International Court of Justice held Serbia responsible for failure to prevent the Bosnian genocide The Bosnian genocide ( bs, bosanski genocid) refers to either the Srebrenica massacre or the wider crimes against humanity and ethnic cleansing campaign throughout areas controlled by the Army of Republika Srpska (VRS) during the Bosnian War o .... References {{reflist External linksCase law Genocide International criminal law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct And Public Incitement To Commit Genocide
Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is considered an inchoate offense and is theoretically subject to prosecution even if genocide does not occur, although charges have never been brought in an international court without mass violence having occurred. "Direct and public incitement to commit genocide" was forbidden by the Genocide Convention in 1948. Incitement to genocide is often cloaked in metaphor and euphemism and may take many forms beyond direct advocacy, including dehumanization and "accusation in a mirror". Historically, incitement to genocide has played a significant role in the commission of genocide, including the Armenian genocide, the Holocaust and the Rwandan genocide. Definitions "Direct and public incitement to commit genocide" is forbidden by the Genocide Convention (1948), Article 3(c). If genocide were to be committe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conspiracy (criminal)
In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, the plan is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the ''actus reus'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-conspira ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin suffix ("act of killing").. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Genocidal Intent
Genocidal intent is the ''mens rea'' for the crime of genocide. "Intent to destroy" is one of the elements of the crime of genocide according to the 1948 Genocide Convention. There are some analytic differences between the concept of intent under national criminal law, where responsibility for a murder is ascribed to an individual based on their mental state, and international law. Under international law, responsibility falls upon individuals in their capacities as members of certain organizations or other official roles. The intent for genocide is less direct. An international court might look at whether the defendant participated in planning the genocidal acts, perhaps within the auspices of a certain organizational structure, or whether they acted with knowledge of such a preconceived plan. The Tribunal for Rwanda, in one of their cases, decided that it was not enough for a defendant to know that their acts could contribute to the destruction of a group. Scholars have suggested ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ukraine V
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian invasion, it was the eighth-most populous country in Europe, with a population of around 41 million people. It is also bordered by Belarus to the north; by Poland, Slovakia, and Hungary to the west; and by Romania and Moldova to the southwest; with a coastline along the Black Sea and the Sea of Azov to the south and southeast. Kyiv is the nation's capital and largest city. Ukraine's state language is Ukrainian; Russian is also widely spoken, especially in the east and south. During the Middle Ages, Ukraine was the site of early Slavic expansion and the area later became a key centre of East Slavic culture under the state of Kievan Rus', which emerged in the 9th century. The state eventually disintegrated into rival regional powers and was ult ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rohingya Genocide Case
The ''Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)'', commonly referred to as the Rohingya genocide case, is a case which is currently being heard by the International Court of Justice (ICJ). The case was brought forward by the Republic of The Gambia, on behalf of 57 members of the Organisation of Islamic Cooperation in 2019. Background The Rohingya people are a Muslim Indo-Aryan ethnic minority which has faced mass persecution and ethnic cleansing in Buddhist-majority Myanmar in recent years. The persecution of the Rohingya has been described as a genocide. The government of Myanmar deems them illegal immigrants, but the Rohingya people argue they have lived in the area for generations and that the government of Myanmar's treatment of them is unfair to the Muslims of Myanmar as a whole. According to ''The Economist'', regarding Aung San Suu Kyi's motivation for taking up the defendants' cause, "It is har ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derogation
Derogation, in civil law and common law, is the partial suppression of a law. In contrast, annulment is the total abolition of a law by explicit repeal, and obrogation is the partial or total modification or repeal of a law by the imposition of a later and contrary one. It is sometimes used, loosely, to mean abrogation, as in the legal maxim ''lex posterior derogat priori'' ("a subsequent law derogates the previous one"). The term is also used in Catholic canon law,Manual of Canon Law, pg. 69 and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law. Statutory interpretation Under the derogation cannon of statutory interpretation "statutes in derogation of the common law" should be narrowly construed. Terrorism A UK law permitting warrantless arrest and detention on suspicion of terrorist involvement was found to violate protected rights, according to the ECHR decision in '' Brogan v. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peremptory Norm
A peremptory norm (also called or ' ; Latin for "compelling law") is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no universal agreement regarding precisely which norms are ''jus cogens'' nor how a norm reaches that status, but it is generally accepted that ''jus cogens'' bans genocide, maritime piracy, enslaving in general (i.e. slavery as well as slave trade), wars of aggression and territorial aggrandizement, torture, and refoulement. The latter two are evolving and controversial as they rest mainly on the definition of torture in regards to criminal sentencing. If sentencing is not cruel, inhuman or degrading but arbitrary or disproportionate convictions are imposed then a state's ''refoulement'' – where limited to the returning of unsubstantiated asylum claimants – may still be lawfully conducted to many such countries which are juridically develo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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