Article 5: Giving Domestic Effect to the Genocide Convention
COMMENTARY ON THE GENOCIDE CONVENTION, P. Gaeta, ed., Cambridge University Press, 2009
26 Pages Posted: 9 Oct 2009
Date Written: October 7, 2009
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 Classification: K10, K14, K30, K33
Suggested Citation: Suggested Citation