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Genocide: The Criminal Law Between Truth and Justice

NCJ Number
227491
Journal
International Criminal Justice Review Volume: 19 Issue: 2 Dated: June 2009 Pages: 150-174
Author(s)
Marianne L. Wade
Date Published
June 2009
Length
25 pages
Annotation
The intent of this article is to explore the expectations placed on the law of genocide and the realities of what international criminal justice can provide in applying it.
Abstract
In the 60 years since the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, an International Criminal Court (ICC) exists with jurisdiction to hear cases in more than 100 jurisdictions and ad hoc tribunals have ensured convictions follow atrocities. However, the use of criminal trials as a policy endorsed by the international community in response to atrocities of vast proportions across the globe have necessitated and precipitated intense discussion of the crime of genocide and the role of criminal justice systems in this context. This article set out to explore this process and any potential for improvement. It is concluded that in relation to genocide, broader expectations currently resting too firmly on criminal tribunals must be separated out and provided for in a wider context. In addition, the purpose for criminalizing genocide must be revisited and clearly defined; otherwise one risks international criminal law becoming severely undermined in the long term. Notes and references