On the 7th of December, the Chief Prosecutor of the ICC, Dr. Luis Moreno-Ocampo evoked the fact that genocide trial is no more a political decision and then he explained the necessity to convince the Security Council of the United Nations (which is obviously a political entity) to support the ICC warrant of arrest against the Sudanese President Omar Hassan Ahmad Al-Bashir for war crimes, crimes against humanity and genocide. This speech emphasizes one of the major past and current issues related to the definition of genocide between the necessity of providing neutral trial and the political pressure linked to this crime. From the 7th to the 8th of December 2008, The Hague Academy located near the International Court of Justice has welcomed many famous various researchers and lawyers studying the crime of genocide. Despite the fact that the Convention on the Prevention and Punishment of the Crime of Genocide was approved sixty years ago, the speakers and the audience had many disagreements on the definition and the application of the 1948 Convention underlining the unavoidable political tensions related to this crime. As most of the speakers said, there is obviously no consensus reached on the definition from the various legal interpretations to the many historical, sociological, definitions.
[...] Conclusion As the speakers at the Conference illustrated it, the crime of genocide has been created as a political word and remained political. From its definition to the various interpretations made of it, the crime of genocide is established as the 'crime of crimes'. For some scholars it is unlikely that the genocide will lose this particular stigma and moral condemnation. However considering the consequences of this hierarchy between the international crimes, one can wish that the international community will adopt a responsible attitude recalling the importance of war crimes and crimes against humanity. [...]
[...] These left the communities without food. In the opinion of the Commission, this amounted to infliction of conditions of life ‘that could bring about, and in several cases did bring about, its physical destruction in whole or in part'.”, SCHABAS Genocide in international law, The Crimes of Crimes, Cambridge, Cambridge University Press p UN Security Council, Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General, S/2005/ February 2005. Wood Nicholas, Serb Rightists Are Big Winners, but Not Big Enough to Rule New York Times December 2003. [...]
[...] The ICJ has a universal jurisdiction to try a case of genocide but this jurisdiction does not apply for the cases regarding war crimes or crimes against humanity. Consequently there were some pressures to say that genocide was committed to justify the ICJ's claim by Bosnia and Herzegovina. A further political involvement related to genocide trial has occurred specially in the trials of former Serbian or Croatian leaders, despite their imprisonment in The Hague some of them were candidates for some national elections. [...]
[...] LEMARCHAND Comparing the Killing Fields: Rwanda, Cambodia and Bosnia”, Genocide: Cases, Comparison and Contemporary Debates, The Danish Centre for Holocaust and Genocide Studies, Copenhagen pp. 141-173. RUEBNER The evolving nature of the crime of genocide The John Marshall Law Review, 2004-2005, pp. 1227-1236. Books HIRSH Law against genocide: cosmopolitan trials, London, Glasshouse press p. SCHABAS Genocide in international law, The Crimes of Crimes, Cambridge, Cambridge University Press p. Documents - UN Security Council, Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General, S/2005/ February 2005. [...]
[...] Schabas notably in his book Genocide in International Law: The Crime of Crimes. For Schabas and for many scholars there is an obvious hierarchy between war crimes, crimes against humanity and the crime of genocide. As Schabas said during the conference, the term of genocide - created by Raphael Lemkin who had a wider interpretation of the term that the definition adopted in the 1948 Convention - is perceived as the absolute crime. Some scholars evoking the way the genocide should be considered related to education explained that this 'superiority' of the crime of genocide is notably due to the moral condemnation of the Holocaust. [...]
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