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Genocide: Understanding the Crime and International Responsibility

   

Added on  2023-03-31

11 Pages3228 Words399 Views
Running Head: Genocide
Genocide
System04128

Genocide
Table of Contents
Question 1.............................................................................................................................................2
Question 2.............................................................................................................................................3
Question 3.............................................................................................................................................5
Question 4.............................................................................................................................................7
Question 5.............................................................................................................................................9
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Genocide
Question 1
The majority group X has attacked minority group Y in State A. The act comes in nature of
Genocide. Genocide is described as a way of violence against the people of some minority
group or people of specific racial, ethnic and religious group. The main intention of genocide
is to destroy the whole group. The genocide came into limelight after World War II where
there were crimes against humanity against Jews by the Nazis. In 1948, after the end of
World War II, United Nations declared the crime of genocide as international crime1. Article
6 of International Criminal Court defines genocides as the acts done with the intention of
destruction of, in whole or substantially, a state, religious or ethnic group. The acts are
following-
1. Murdering the people of the group
2. Inflicting life threatening harm or mental torture
3. Intentionally causing injuries to the minority for physical destruction
4. Putting such ways which prohibit childbirths in the group
5. Trafficking of children of minority group to some other group
The country is the party to the International Criminal Court Statute so it is the responsibility
of the country to follow the rules and guidelines given by the statute. The Rome Statute is the
base through which the International Criminal Court is established. Rome Statute has
established and country X is the signatory of International Criminal Court then according to
the preamble of ICC and the Article 6, it is responsible for the acts done by its citizens2.
There are various examples in which countries were found guilty of genocides. The main
regulatory body that solely look upon the heinous crime of Genocide is Genocide
Convention.
The Convention on the Prevention and Punishment of the Crime of Genocide is an instrument
of worldwide law that systematized unexpectedly the wrongdoing of destruction3. The
Genocide Convention is vital human rights arrangement received by the General Assembly of
the United Nations on 9 December 1948 and implied the universal network's duty to 'never
1 Genocide, History (21 August 2018) <https://www.history.com/topics/holocaust/what-is-genocide> accessed
on 14 June 2019
2 Rome Statute of the International Criminal Court, Articles, 6, 7.1 (h), 8.2.b (ix), 8.2.e (iv) and 21.3, Law and
Legal Cases, (1 September 2015) <https://minorityrights.org/law-and-legal-cases/rome-statute-of-the-
international-criminal-court-articles-6-7-1-h-8-2-b-ix-8-2-e-iv-and-21-3/> accessed on 14 June 2019
3 The Genocide Convention, United Nations Office on Genocide Prevention and The Responsibility to Protect,
(2019) <https://www.un.org/en/genocideprevention/genocide-convention.shtml> accessed on 15 June 2019
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Genocide
again' after the monstrosities submitted during the Second World War. Its selection denoted
an urgent advance towards the improvement of universal human rights and worldwide
criminal law as we probably am aware it today4. As indicated by the Genocide Convention,
decimation is a wrongdoing that can occur both in time of war just as in time of harmony.
The meaning of the wrongdoing of decimation, as set out in the Convention, has been broadly
received at both national and universal dimensions, incorporating into the 1998 Rome Statute
of the International Criminal Court (ICC). Become familiar with the meaning of the
wrongdoing of decimation5.
Question 2
As the country A is the member to ICC to according to Rome Statute, International Criminal
Court will hold the authority. The ICC was built up as a court after all other options have run
out to arraign most shocking crimes in situations where local courts neglect to do anything. In
contrast to the International Court of Justice, which hears debates between states, the ICC
handles arraignments of people6. The ward of the court reaches out to crimes that happened
after July 1, 2002, that were provided either in an express that has sanctioned the
understanding or by a citizen of such a state. The state A has violated the various provisions
of ICC convention and Rome Statute so; Country A will be liable to prosecuted under
jurisdiction of International Criminal Court.
International Criminal Court (ICC), perpetual legal body built up by the Rome Statute of the
International Criminal Court (1998) to indict and settle people blamed for massacre,
atrocities, and violations against humankind. The ICC is the world's just changeless
worldwide criminal court. It is headquartered in The Hague, Netherlands7, and is accused of
researching and arraigning violations of decimation, wrongdoings against humankind,
animosity, and atrocities. On July 1, 2002, after 60 nations approved the understanding, the
court started sittings8.
4 ibid
5 Convention on the Prevention and Punishment of the Crime of Genocide, United Nations Human Rights
(1951) <https://www.ohchr.org/en/professionalinterest/pages/crimeofgenocide.aspx> accessed on 14 June
2019
6 About, International Criminal Court, (2019) <https://www.icc-cpi.int/about> accessed on 15 June 2019
7 International Criminal Court Headquarters, Facing History and Ourselves, (2019)
<https://www.facinghistory.org/resource-library/image/international-criminal-court-headquarters> accessed
on 15 June 2019
8 International Justice Day and the International Criminal Court, World Without Genocide, (July 17)
<http://worldwithoutgenocide.org/genocides-and-conflicts/icc> accessed on 15 June 2019
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