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The United Nations Genocide Convention

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Added on  2021-06-18

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UNITED NATIONS GENOCIDE CONVENTION 5 Running Head: UNITED NATIONS GENOCIDE CONVENTION UNITED NATIONS GENOCIDE CONVENTION Author Note Introduction The United Nations Genocide Convention had been adopted in the December of 1948 by the United Nations General Assembly. Although the Nuremberg Trial aimed to punish the German Nazis for the horrors of committing the holocaust, there was also the intention of the European powers to delegitimize the Nazi Party who sought to influence future German Regimes and

The United Nations Genocide Convention

   Added on 2021-06-18

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Running Head: UNITED NATIONS GENOCIDE CONVENTIONUNITED NATIONS GENOCIDE CONVENTIONName of the Student:Name of the University:Author Note
The United Nations Genocide Convention_1
1UNITED NATIONS GENOCIDE CONVENTIONIntroductionThe United Nations Genocide Convention had been adopted in the December of 1948 bythe United Nations General Assembly. The purpose of adopting the convention was give effectto what has become the foundation of International law. It can be mentioned that the significanceof the convention was the remarkable progress made in the protection and the acknowledgementof the human rights in the world (Meierhenrich 2014). However, despite its implementation andthe achievement in reducing the heinous crimes against humans and protection of human rightsthere still is room for exploitation (Quigley 2016). This convention excludes certain groups fromgiving protection of human rights. In reality the convention failed to bring criminal charges ofgenocide on the German Nazis who were responsible for the holocaust. At the Nuremberg Trial the German Nazis had been found guilty of various offenses suchas conspiracy to wage wars, crimes against peace and crimes against humanity but they were notguilty of committing genocide as the word till then had not been legalized. It can be stated thatthe there were underlying political factors which influenced the Nuremberg Trial (Sadat 2016).Although the Nuremberg Trial aimed to punish the German Nazis for the horrors of committingthe holocaust, there was also the intention of the European powers to delegitimize the Nazi Partywho sought to influence future German Regimes and provide the framework for an allieddominated United Nations. However the Nazi victims of Holocaust were not avenged by thisConvention. DiscussionUnique strengths of the Genocide Convention
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2UNITED NATIONS GENOCIDE CONVENTIONThe two unique strengths of the UN Genocide conventions will be discussed in this essay. Firstlyany person who brings any action under the provisions of the convention will benefit fromentailing the jus cogens statuts. Jus cogens statusThe jus cogens status is a Latin term which refers to overriding and fundamentalprinciples of international law. Any derogation from such principles is not permitted by the law(Tasioulas 2015). It can be stated that the convention places non derogable obligations on thestates to comply with the requirements of this convention. The act of Genocide can be defined asone of the major and heinous crimes under the International law which is identified to have thejus cogens status (Shaw 2015). It is to be mentioned that the norm of jus cogens affect all thosepersons who constitute the members of the international community. It can be stated inaccordance with the principles of the Barcelona Traction case that all states have the generalobligation to prevent any acts of genocide. The jus cogens status of Genocide provides manydistinct benefits to those who seek to bring actions against those who contravene the provisionsof convention (Quigley 2016). The first advantage of the jus cogens status is that all states have the primary duty tobring justice to any person who violates the provisions of the convention. As opined by M CherifBassiouni, states have the duty of prosecuting and extraditing those persons who are suspected ofgenocide or culpable genocide including the head of such member states. The second advantageof the convention is that the states cannot grant impunity to any person who has been alleged tohave committed genocide by the operations of statutes of limitations. The states also have theobligations to punish those who are found to be guilty of committing genocide by the courts.
The United Nations Genocide Convention_3

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