The Effectiveness of International Efforts to Suppress the Crime of Genocide
DOI:
https://doi.org/10.35246/kzehh486Keywords:
Genocide, Special Intent, United Nations Convention, Judicial Prosecution, International Tribunals, International Criminal CourtAbstract
It can be said that the crime of genocide, and the conduct it entails, constitutes a profound affront to the conscience of humanity, as it targets not only the individual as a human being but also their very humanity. This crime is driven by the highest forms of racial discrimination, aiming at the annihilation of a specific group of people for no other reason than their belonging to that group. The intention to eliminate such a group arises from a deeply rooted malice, forming a special intent that leads perpetrators to commit the crime through systematic conduct and deliberate planning. Genocide often occurs in the context of armed conflict, which adds a grave dimension to its impact, as it threatens the unity of society and its inherent diversity.
The atrocities committed during many armed conflicts, which have claimed the lives of hundreds of thousands of individuals solely due to their group affiliation, have exposed the horrific nature of this crime. The world stood in shock in the face of such atrocities, prompting the international community to intensify efforts to combat, prevent, and suppress genocide. These efforts have taken the form of developing international legal instruments that define the crime and its material elements, as well as judicial mechanisms aimed at prosecuting perpetrators, ensuring accountability, delivering individual deterrence, and upholding the requirements of general deterrence to prevent recurrence.
Despite the importance of these international efforts, they have not succeeded in fully achieving their objectives. Numerous conflicts that have taken place in the aftermath continue to witness horrific manifestations of genocide. This research addresses a central problem expressed through the following question: To what extent have international efforts succeeded in confronting the crime of genocide and addressing its surrounding challenges? And how effective have these efforts been in suppressing this crime?
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References
First: International Instruments
I. United Nations Charter.
II. Statute of the International Court of Justice.
III. Convention on the Prevention and Punishment of the Crime of Genocide of 1948.
IV. Rome Statute of the International Criminal Court of 1998.
V. Statute of the International Criminal Tribunal for the former Yugoslavia (ICTY).
VI. Draft Articles on Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission.
VII. Summaries of Judgments, Advisory Opinions and Orders of the International Court of Justice 2003-2007.
VIII. Summaries of Judgments, Advisory Opinions and Orders of the International Court of Justice 1992-1996.
Second: Literature / Publications:
IX. Al-'Alimat, N. H. (2007). The crime of aggression under the Rome Statute of the International Criminal Court. Dar Al-Thaqafa for Publishing and Distribution.
X. Al-Gharawi, F. A. (2021). Criminal protection of mass graves under international humanitarian law. Journal of Legal Sciences, College of Law, University of Baghdad, (1).
XI. Al-Raqad, S. S. (2015). The crime of genocide before the International Criminal Court: The Darfur Region as a model. Al-Manarah Journal for Research and Studies, 21(4).
XII. Al-Ra'ud, Q. M. (2010). The crime of genocide in international law (1st ed.). Dar Wael for Publishing and Distribution.
XIII. Al-Shadhili, F. A. (2018). Principles of international criminal law: The general theory of international crime. Dar Al-Matbu'at Al-Jami'iyyah.
XIV. Al-Shakri, A. Y. (2008). International criminal justice in a changing world (1st ed.). Dar Al-Thaqafa for Publishing and Distribution.
XV. Al-Shawani, N. A. Y. (2012). Judicial jurisdiction in the crime of genocide (1st ed.). Modern Book Foundation.
XVI. Bakka, S. T. (2006). Crimes against humanity in light of the Rome Statute of the International Criminal Court (1st ed.). Al-Halabi Legal Publications.
XVII. Bassiouni, M. S. (2001). The International Criminal Court: Its establishment and basic statute. Judges Club Press.
XVIII. Dawood, K. Y. (2001). Organized crime (1st ed.). Dar Al-Thaqafa for Publishing and Distribution.
XIX. Hamouda, M. S. (2008). Human rights during armed conflicts in light of international humanitarian law (1st ed.). Dar Al-Jami'ah Al-Jadidah.
XX. Mankhi, H. M., & Al-Mukhtar, T. J. H. (2021). Non-compliance with the provisional measures of the International Court of Justice. Wasit Journal for Human Sciences, 17(49).
XXI. Mansour, A. M., & Al-Qatari, M. N. (2017). Criminal, civil and international responsibility of perpetrators of genocide before the judiciary. Journal of the Faculty of Sharia and Law, Al-Azhar University, 32(3).
XXII. Mar'i, A. L. A. (2016). Towards activating national criminal enforcement of international humanitarian law: A comparative study. Dar Al-Manhal for Publishing and Distribution.
XXIII. Matar, I. A. (2008). International criminal justice: Principles, substantive and procedural rules. Dar Al-Jami'ah Al-Jadidah.
XXIV. Omar, J. S. H. M. (1998). International judiciary and the impact of national sovereignty on the enforcement of international judgments: An analytical study of major international cases. Dar Al-Nahda Al-Arabiyya.
XXV. Salama, A. A. A. (2006). Responsibility for committing the crime of genocide. Dar Al-Ulum for Publishing and Distribution.
XXVI. Suwaisi, M. A. (2012). The crime of genocide: Motives and forms. Journal of Studies and Research, (7).
Third: Websites:
XXVII. Website: https://www.icj-cij.org/ar
XXVIII. Website: https://alberonsy.com/
XXX. Website: https://www.icc-cpi.int/darfur
XXXI. Website: https://www.icj-cij.org/sites/default/files/annual-reports/2021-2022-ar.pdf
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