You are on page 1of 9

Convention against Genocide

This convention bans acts committed with the intent to destroy, in whole or in part,
a national, ethnic, racial or religious group. It declares genocide a crime under
international law whether committed during war or peacetime, and binds all
signators of the convention to to take measures to prevent and punish any acts of
genocide committed within their jurisdiction. The act bans killing of members of
any racial, ethnic, national or religious group because of their membership in that
group, causing serious bodily or mental harm to members of the group, inflicting
on members of the group conditions of life intended to destroy them, imposing
measures intended to prevent births within the group, and taking group members'
children away from them and giving them to members of another group.
It declares genocide itself, conspiracy or incitement to commit genocide, attempts
to commit orcomplicity in the commission of genocide all to be illegal. Individuals
are to be held responsible for these actswhether they were acting in their official
capacities or as private individuals. Signators to the convention are bound to enact
appropriate legislation to make the acts named in Article 3 illegal under their
national law and provide appropriate penalties for violators.
People suspected of acts of genocide may be tried by a national tribunal in the
territory where the acts were committed or by a properly constituted international
tribunal whose jurisdiction is recognized by the state or states involved. For
purposes of extradition, an allegation of genocide is not to be considered a political
crime, and states are bound to extradite suspects in accordance with national laws
and treaties. Any state party to the Convention may also call upon the United
Nations to act to prevent or punish acts of genocide.
The remainder of the Convention specifies procedures for resolving
disputes between nations about whether a specific act or acts constitute(s)
genocide, and gives procedures for ratification of the convention.
Stopping/Preventing Genocide and Mass Atrocities
Cherishing Cultural Diversity and Human Rights Principles
Our world is comprised of numerous nations with distinct languages, esteemed cultures,
unique religions, and so forth. The principled account for any nations struggle in
establishing human rights-based society is the inalienable right of liberty for all
humanity. And for a peaceful world, cultural diversity and human rights need to be
cherished and advocated.
From a human rights perspective, the embracing of wide-ranging cultural wealth needs to
be a significant aspect for the development of strong communities and for the
safeguarding of human rights principles.
Regrettably, the practice of mass killing, annihilation, and collective violence has been
widespread, and these dreadful acts and measures are taken against certain groups of
people defined by their race, culture, ethnicity, religion, and political affiliation.

In 1944 (after World war II), the term genocide was commonly used to define a
particularly outrageous crime of violence against humanity. Genocide is "the deliberate
and systematic destruction, in whole or in part, of an ethnic, racial, caste, religious,
or national group", [1] Under international law [2], genocide is declared as a crime
whether committed in time of peace or of war.
Today, genocide is increasingly seen as part of human rights and international
humanitarian law. The International Criminal Court, as a permanent tribunal,
prosecutes individuals for genocide, crimes against humanity, war crimes, and crimes of
aggression. The individual perpetrator will be punished whether they are constitutionally
responsible rulers, public officials, or private individuals. [3]
The 1948 United Nations Convention on the Prevention and Punishment of the
Crime of Genocide (CPPCG) - Article 2 [4] and Article 6 of the International
Criminal Court Statute [5] define genocide as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcefully transferring children of the group to another group.
For better understanding of government murder and act of violence, Genocide scholars
also offer their definitions of genocide. [6] Examples are:
Frank Chalk and Kurt Jonassohn [7] - Genocide as a form of one-sided mass killing in
which a state or other authority intends to destroy a group, as that group and
membership in it are defined by the perpetrator.
Steven T. Katz [8] - The concept of genocide applies only when there is an actualized
intent, however successfully carried out, to physically destroy an entire group (as such a
group is defined by the perpetrators.)"
How can we prevent genocide, mass killing, and collective violence?
Dr. Ervin Staub, Department of Psychology, University of Massachusetts at Amherst [9]
has a fine sensible view. Below you find an excerpt of his recommendation:
To prevent group violence may require the healing of wounds due to past victimization,
reconciliation, and the resolution of conflict between antagonistic groups. Changes in
elements of a group's culture are also important. Without prevention, great social
changes and other contemporary conditions make frequent future group violence
probable.
The more the basic physical and psychological needs of groups of people are satisfied by
constructive means, the less likely it is that psychological and social processes that lead
to group violence arise. But without significant efforts at prevention, group violence is
likely to become more widespread. [10] (Please see the reference section for the link to
full article.)
The Convention on the Prevention and Punishment of the Crime of
Genocide was adopted by the United Nations General Assembly. [11]
For prevention, it is prudent to recognize the stages of genocidal process, influences
leading to genocide. According to Gregory H. Stanton (President, Genocide Watch),
Prevention of genocide requires a structural understanding of the genocidal process.
Genocide has eight stages or operational processes. [12]
Stages of Genocide: 1). Classification, 2). Symbolization, 3). Dehumanization, 4).
Organization, 5). Polarization, 6). Preparation, 7). Extermination, and 8). Denial
For a more in-depth understanding of these stages, please visit here:

http://www.genocidewatch.org/aboutgenocide/8stagesofgenocide.html
Genocide is a crime. And this heinous act is the gravest crime against humanity. In
addition to genocide, the following violent and measured acts can also be considered
mass violation of human rights:

Cultural Genocide

Ethnocide

Your viewpoint is very important to 12Petals Media Group. Please share your view and
thoughts on these themes.
References:
1. Funk, T. Marcus (2010). Victims' Rights and Advocacy at the International Criminal
Court. Oxford, England: Oxford University Press. p. [1].
2. International law:
3. The International criminal court:
4. Convention on the Prevention and Punishment of the Crime of Genocide:
5. The International Criminal Court Statute, Article 6:
6. Genocide Definitions
7. Frank Chalk and Kurt Jonassohn:
8. Steven T. Katz:
9. Ervin Staub
10. The origins and prevention of genocide, mass killing, and other
collective violence by Dr. Ervin Staub
11. The Convention on the Prevention and Punishment of the Crime of
Genocide
12. Stages of genocide, influences leading to genocide, and efforts to
prevent it by Gregory H. Stanton
Persian translation of this advocacy/outreach project can be seen here.

Convention on the
Prevention and Punishment
of the Crime of Genocide
Adopted by Resolution 260 (III) A of the United Nations General
Assembly on 9 December 1948.
Article 1

The Contracting Parties confirm that genocide, whether


committed in time of peace or in time of war, is a crime under
international law which they undertake to prevent and to punish.
Article 2

In the present Convention, genocide means any of the following


acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the
group;
(c) Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or
in part;
(d) Imposing measures intended to prevent births within the
group;
(e) Forcibly transferring children of the group to another
group.
Article 3

The following acts shall be punishable:


(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Article 4

Persons committing genocide or any of the other acts enumerated


in Article 3 shall be punished, whether they are constitutionally
responsible rulers, public officials or private individuals.
Article 5

The Contracting Parties undertake to enact, in accordance with


their respective Constitutions, the necessary legislation to give
effect to the provisions of the present Convention and, in
particular, to provide effective penalties for persons guilty of
genocide or any of the other acts enumerated in Article 3.
Article 6

Persons charged with genocide or any of the other acts


enumerated in Article 3 shall be tried by a competent tribunal of
the State in the territory of which the act was committed, or by
such international penal tribunal as may have jurisdiction with
respect to those Contracting Parties which shall have accepted its
jurisdiction.
Article 7

Genocide and the other acts enumerated in Article 3 shall not be


considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in
accordance with their laws and treaties in force.
Article 8

Any Contracting Party may call upon the competent organs of the
United Nations to take such action under the Charter of the United
Nations as they consider appropriate for the prevention and
suppression of acts of genocide or any of the other acts
enumerated in Article 3.
Article 9

Disputes between the Contracting Parties relating to the


interpretation, application or fulfilment of the present Convention,
including those relating to the responsibility of a State for
genocide or any of the other acts enumerated in Article 3, shall be
submitted to the International Court of Justice at the request of
any of the parties to the dispute.
Article 10

The present Convention, of which the Chinese, English, French,


Russian and Spanish texts are equally authentic, shall bear the
date of 9 December 1948.
Article 11

The present Convention shall be open until 31 December 1949 for


signature on behalf of any Member of the United Nations and of
any non-member State to which an invitation to sign has been
addressed by the General Assembly.
The present Convention shall be ratified, and the instruments of ratification shall
be deposited with the Secretary-General of the United Nations.
After 1 January 1950, the present Convention may be acceded to on behalf of any
Member of the United Nations and of any non-member State which has received
an invitation as aforesaid.
Instruments of accession shall be deposited with the Secretary-General of the
United Nations.
Article 12

Any Contracting Party may at any time, by notification addressed


to the Secretary-General of the United Nations, extend the
application of the present Convention to all or any of the
territories for the conduct of whose foreign relations that
Contracting Party is responsible.
Article 13

On the day when the first twenty instruments of ratification or


accession have been deposited, the Secretary-General shall draw
up a proces-verbal and transmit a copy of it to each Member of
the United Nations and to each of the non-member States
contemplated in Article 11.
The present Convention shall come into force on the ninetieth day following the
date of deposit of the twentieth instrument of ratification or accession.
Any ratification or accession effected subsequent to the latter date shall become
effective on the ninetieth day following the deposit of the instrument of ratification
or accession.
Article 14

The present Convention shall remain in effect for a period of ten


years as from the date of its coming into force.
It shall thereafter remain in force for successive periods of five years for such
Contracting Parties as have not denounced it at least six months before the
expiration of the current period.

Denunciation shall be effected by a written notification addressed to the SecretaryGeneral of the United Nations.
Article 15

If, as a result of denunciations, the number of Parties to the


present Convention should become less than sixteen, the
Convention shall cease to be in force as from the date on which
the last of these denunciations shall become effective.
Article 16

A request for the revision of the present Convention may be made


at any time by any Contracting Party by means of a notification in
writing addressed to the Secretary-General.
The General Assembly shall decide upon the steps, if any, to be taken in respect of
such request.
Article 17

The Secretary-General of the United Nations shall notify all


Members of the United Nations and the non-member States
contemplated in Article 11 of the following:
(a) Signatures, ratifications and accessions received in
accordance with Article 11;
(b) Notifications received in accordance with Article 12;
(c) The date upon which the present Convention comes into
force in accordance with Article 13;
(d) Denunciations received in accordance with Article 14;
(e) The abrogation of the Convention in accordance with
Article 15;
(f) Notifications received in accordance with Article 16.
Article 18

The original of the present Convention shall be deposited in the


archives of the United Nations.
A certified copy of the Convention shall be transmitted to all Members of the
United Nations and to the non-member States contemplated in Article 11.

Article 19

The present Convention shall be registered by the SecretaryGeneral of the United Nations on the date of its coming into force.

Convention against Torture


This convention bans torture under all circumstances and establishes the UN
Committee against Torture. In particular, it defines torture, requires states to take
effective legal and other measures to prevent torture, declares that no state of
emergency, other external threats, nor orders from a superior officer or
authority may be invoked to justify torture. It forbids countries to return a refugee
to his country if there is reason to believe he/she will be tortured, and requires host
countries to consider the human rights record of the person's native country in
making this decision.
The CAT requires states to make torture illegal and provide appropriate
punishment for those who commit torture. It requires states to assert
jurisdiction when torture is committed within their jurisdiction, either investigate
and prosecute themselves, or upon proper request extradite suspects to face trial
before another competent court. It also requires states to cooperate with any civil
proceedings against accused torturers.
Each state is obliged to provide training to law enforcement and military on torture
prevention, keep its interrogation methods under review, and promptly investigate
any allegations that its officials have committed torture in the course of their
official duties. It must ensure that individuals who allege that someone has
committed torture against them are permitted to make and official complaint and
have it investigated, and, if the complaint is proven, receive compensation,
including full medical treatment and payments to survivors if the victim dies as a
result of torture.. It forbids states to admit into evidence during a trial any
confession or statement made during or as a result of torture. It also forbids
activities which do not rise to the level of torture, but which constitute cruel or
degrading treatment.
The second part of the Convention establishes the Committee Against Torture, and
sets out the rules on its membership and activities.

The Convention was passed and opened for ratification in February, 1985. At that
time twenty nations signed, and five more signed within the month. At present
sixty five nations have ratified the Convention against torture and sixteen more
have signed but not yet ratified it.

You might also like