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Universality of the Prohibition of the Crime of Genocide, 1948-2008

NCJ Number
227490
Journal
International Criminal Justice Review Volume: 19 Issue: 2 Dated: June 2009 Pages: 132-149
Author(s)
Caroline Fournet
Date Published
June 2009
Length
18 pages
Annotation
This article assesses the apparent fragmentation between two sources in the prohibition of genocide: the Convention for the Prevention and Punishment of the Crime of Genocide and the peremptory norms of international law, known as "jus cogens".
Abstract
In 1948, the Convention for the Prevention and Punishment of the Crime of Genocide was adopted; a legal instrument acknowledged as providing for the authoritative definition of genocide. However, the prohibition of genocide can also be found within the concept of peremptory norms of international law, also referred to as jus cogens. While the Convention carved into positive international law a widely accepted definition of the crime, "jus cogens" norms correspond to absolute norms, with which states have to comply, regardless of any conventional obligation. The very existence of jus cogens norms presents a contentious issue. This article sought to contemplate whether 60 years after its adoption, the Genocide Convention should still be considered as a fundamental instrument or whether it should merely be seen as a redundant and unnecessary text. Far from undermining and fragmenting the prohibition of genocide, the recognition of the conventional and consensual norm as jus cogens has in reality reinforced its universality and its credibility as a peremptory norm, as a super-norm reflecting the global consciousness. Notes and references

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