Genocidal Discrepancies
Genocidal Discrepancies

Summary/Abstract: The aim of this paper is to analyse shortages in the construction of the crime of crimes, it is the crime of genocide. While adopting the 1948 Convention on the Prevention and Punishment for the Crime of Genocide, for fifty years its regulations has been considered as a dead letter. It is the Akayesu case pended before the International Criminal Tribunal for Rwanda, which uncovered discrepancies concerning marks of the crime of genocide. It proved that under the 1948 Convention it is nowadays impossible to strictly interpret its regulations, since the protection brought by the Convention might turn out insufficient. Furthermore, the 1948 Convention did not provide any enforcement mechanism, which would allow to oblige States not only to punish genocide, but above all to prevent human beings from such atrocities. Within the UN system the Office of the Special Adviser on the Prevention of Genocide has been created, nonetheless, such an institution, alone, cannot do anything to prevent endangered groups from being a victim of genocide. The article analyses international jurisprudence and doctrine to find an adequate scope of protection from the crime of genocide.

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