Article 5: Giving Domestic Effect to the Genocide Convention

COMMENTARY ON THE GENOCIDE CONVENTION, P. Gaeta, ed., Cambridge University Press, 2009

Sydney Law School Research Paper No. 09/105

26 Pages Posted: 9 Oct 2009

See all articles by Ben Saul

Ben Saul

The University of Sydney Law School

Date Written: October 7, 2009

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 Classification: K10, K14, K30, K33

Suggested Citation

Saul, Ben, Article 5: Giving Domestic Effect to the Genocide Convention (October 7, 2009). COMMENTARY ON THE GENOCIDE CONVENTION, P. Gaeta, ed., Cambridge University Press, 2009; Sydney Law School Research Paper No. 09/105. Available at SSRN: https://ssrn.com/abstract=1484418

Ben Saul (Contact Author)

The University of Sydney Law School ( email )

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

HOME PAGE: http://https://sydney.edu.au/law/about/people/profiles/ben.saul.php

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