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Convention on the Prevention and Punishment of the Crime of Genocide

Convention on the Prevention and Punishment of the Crime of Genocide A Commentary

Author: Christian Tams; Martin Mennecke
Publisher: Hart Publishing
ISBN: 9781849461986
Published In: March 2014
Format: Hardback , 400 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide ('Genocide Convention') has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has as such influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia and the permanent International Criminal Court.

In this work the 19 provisions of the Convention are analysed article-by-article, with abundant references to state practice and case law.
Dr Christian J. Tams is Professor of International Law at the University of Glasgow. He has published widely on various aspects of international law including the law of state responsibility, dispute settlement, and the international rules governing the rules of force.
Dr Martin Mennecke is International Scholar at the Royal Danish Defence College and currently finishing his Ph.D. concerning the evolving case law of international criminal tribunals on the crime of genocide. He is a member of the Danish delegation to the Assembly of State Parties to the International Criminal Court, including the Special Working Group on the Crime of Aggression. He is also a member of the Danish delegation to the International Task Force on Holocaust Education, Research and Remembrance.