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Article 5: Giving Domestic Effect to the Genocide Convention

Ben Saul
University of Sydney - Faculty of Law

COMMENTARY ON THE GENOCIDE CONVENTION, P. Gaeta, ed., Cambridge University Press, 2009
Sydney Law School Research Paper No. 09/105

Abstract:
This article examines the scope of the obligation under article 5 of the Genocide Convention to enact domestic legislation giving effect to the Convention, in particular to criminalise genocide in domestic law. That provision assumes central importance in giving domestic, practical effect to the Convention and its aspiration to prevent and punish genocide. The article examines the scope of article 5 in light of State practice on its implementation and in relation to the drafting history.

Keywords: genocide, genocide convention, crime of genocide, obligation to criminalise genocide, international criminal court

JEL Classifications: K10, K14, K30, K33

Accepted Paper Series

Date posted: October 09, 2009 ; Last revised: October 09, 2009

Suggested Citation

Saul, Ben, Article 5: Giving Domestic Effect to the Genocide Convention (October, 07 2009). COMMENTARY ON THE GENOCIDE CONVENTION, P. Gaeta, ed., Cambridge University Press, 2009; Sydney Law School Research Paper No. 09/105. Available at SSRN: http://ssrn.com/abstract=1484418

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Contact Information

Ben Saul (Contact Author)

University of Sydney - Faculty of Law ( email )

Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://www.law.usyd.edu.au/about/staff/BenSaul/index.shtml