A LIVING FORCE IN WORLD SOCIETY: THE LEGACY OF THE 1948 CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE
The genocide convention defines genocide as “ any of the following acts committed with intent to destroy in whole or in part a national, religious, ethnical or racial group.
Killing members of the group;
Causing serious bodily or mental harm to members of the group;
Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or part;
Forcibly transferring children of the group to another group.”
The Convention on the Prevention and Punishment of the Crime of Genocide ( CPPCG) or the genocide convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. The convention confirms that genocide whether committed in time of peace or war is a crime under international law and that parties to the convention undertake to prevent and punish. The convention was the first legal instrument to codify genocide as a crime and the first human rights treaty unanimously adopted by the United Nations General Assembly on 9 December 1948.
Here are some deaths that were directly or indirectly caused by genocide as defined by the United Nations Convention on Genocide
● Rohingya genocide which started in 2016 till present and a total of 43,000 estimated deaths have been recorded.
●Genocide of Yazidis by the Islamic State took place from 2014 to 2019 and a total of 9,000 estimated deaths were recorded
●The Bosnian genocide of 1992-1995 recorded an estimated death of 156,500 people.
●The holocaust of 1941-1945 had an estimated death of over 7,000,000 people.
To prevent genocide and genocidal conflicts, it is important to understand their root causes. While conflict has many causes, genocidal conflict is identity-based. Genocide and related atrocities tend to occur in societies with diverse national, racial, ethnic, or religious groups that are locked in identity-related conflicts. Similarly, political conflicts and the dehumanization of a targeted group can create an environment where genocide is likely to happen. These conflicts are fomented by discrimination, hate speech inciting violence, and other violations of human rights. In prevention, the critical step is to identify the factors in a given situation that lead to or account for acute disparities in the treatment of a diverse population and to seek ways to diminish and eventually eradicate these possible causes of genocidal violence.
Every 9th December, the office of the special adviser on the prevention of genocide marks the adoption of the convention on the prevention and punishment of the crime of genocide. The genocide convention in 75 years since adoption has played an important role in the development of international criminal law in holding perpetrators of this crime accountable and giving a voice to the victims of genocide.
A crucial global commitment that was made at the founding of the UN immediately preceding the UDHR. This convention codified the crime of genocide in international law. Its preamble recognizes that in “all of history genocide has inflicted great losses on humanity and that international cooperation is required to liberate humankind from such an odious scourge”. To date, 153 states have ratified the convention. Achieving universal ratification of the convention, as well as ensuring full implementation remains essential for effectively advancing genocide prevention.
The theme for this year’s 75th anniversary of the genocide convention will focus on “ A living force in world society: The legacy of the 1948 convention on the prevention and punishment of the crime of genocide”. It will seek to highlight some of the achievements that emanate from the convention, showing its legacy and reminding of the efforts that led to its drafting and adoption. The event will also reflect on the challenges that remain for its effective implementation.
The International Day for the Prevention of Genocide is usually celebrated to
•Raise awareness of the crime of genocide and its devastating effects.
•Highlight the importance of international cooperation in preventing genocide and punishing those who commit it.
•Provide an opportunity to remember and honor the victims of genocide.
•Reaffirm our commitment to the prevention of future genocides.
Finally, it is a day for education and reflection, and an opportunity to take action to make the world a safer place for all.
THE SECTION ON HUMANITARIAN LAW AND SOCIAL JUSTICE
JUSTICE UDO UDOMA CHAMBERS