POLITICAL INSTRUMENTALISATION OF GENOCIDE
POLITICAL INSTRUMENTALISATION OF GENOCIDE

Summary/Abstract: As a group crime, genocide belongs to the darkest pages in the history of humanity, which are, unfortunately, still being written. It is the crime of all crimes, not only because of the massive number of victims, but also because of the reason they suffer, which does not lie in any subjective fault, but in the objective circumstances of them belonging to a certain race, nation and/or religion. The UN Convention on the Prevention and Punishment of the Crime of Genocide offers a legal framework for the prosecution of genocide, while the very process of its creation already gave us first indications of obfuscation of justice for the sake of fulfilling geopolitical interests. From then to this day international relations development has played an important role in shaping the perception of genocide, often neglecting or arbitrarily interpreting the norms of international law. Such practise resulted in the assumption that law is very often politically instrumentalised when interpreting the crime of genocide. Starting from the assumption formulated in this way, the purpose of this paper is to establish clear indicators of the manifestation of political instrumentalization of the crime of genocide in the international practice so far. In the first part of the paper, normative-dogmatic and historical methods, linguistic, logical and systematic interpretation of the international legal norms are all used to analyse legally formulated criteria that has to be fulfilled for an action to be qualified as genocide. In the continuation, the most typical examples of the subject of this work, from both distant and recent past, are analysed using the historical and comparative methods, as well as the abstraction method, which is how two basic forms of politization are distinguished – political obstruction and political construction of genocide, which confirms the initial assumption

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