AN APPRAISAL OF THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE UNDER INTERNATIONAL LAW

TABLE OF CONTENTS

TITLE PAGE

TABLE OF ABBREVIATIONS

TABLE OF CASES

TABLE OF STATUTES

ABSTRACT

CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background of the Study

1.2       Statement of the Research Problem

1.3       Aim and Objectives of the Research

1.4       Scope of the Research

1.5       Justification

1.6       Research Methodology

1.7       Literature Review

1.8       Organizational Layout

CHAPTER TWO

CONCEPTUAL CLARIFICATION OF KEY TERMS

2.1 Introduction

2.2       Concept of Crime

2.3       Meaning of International Crime

2.4       Concepts of Prevention and Punishment

2.4.1 Concept of Prevention

2.4.2 Concept of Punishment

2.5       Nature and Scope of the Concept of Genocide

2.6       The Constitutive element of the Crime of Genocide

2.6.1Relevant Protected Groups

2.6.2 Destruction of a Group in Whole or in part

2.6.3 Genocidal Intent

2.7       The Rationale and Scope of the Genocide Convention

CHAPTER THREE

HISTORICAL DEVELOPMENT OF THE CRIME OF GENOCIDE UNDER INTERNATIONAL LAW

3.1 Introduction

3.2       Development of the Concept of Genocide Pre- World War II

3.3       Genocidal incidences in the Ottoman Empire/Turkey

3.4       Genocide in the Soviet Union

3.5       Rise of Adolf Hitler and the Enactment of the Genocide Convention

3.6       The Genocidal Wars Before 1997

3.6.1 The Genocidal War of Former Yugoslavia Between 1991-1995

3.6.2 The Genocidal War in Rwanda

3.7.0 Development of Genocide from 1997 to Date

3.7.1    First Conviction for Genocide

3.7.2    Genocide in Darfur Sudan

CHAPTER FOUR

THE ROLE OF INTERNATIONAL CRIMINAL TRIBUNALS/COURT IN THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE

4.1 Introduction

4.2       The Role of the International Criminal Tribunals in Combating Genocide

4.2.1  The International Criminal Tribunals for Rwanda (ICTR) and the International Criminal Tribunal For former Yugoslavia (ICTY)

4.2.2 U.N Special Court for Sierra Leone

4.2.3 A Review of Jean Akayesu‟s Trial

4.2.4 A Review of Jean Kambanda‟s Trial

4.3 The Role of the Rome Statute on the Establishment of the International Criminal Court in   Combating the Crime of Genocide

4.3.1 A Review of the Rome Statute

4.3.2 The Role of the ICC in Preventing Genocide

4.4. Present Situation of the Court

CHAPTER FIVE

SUMMARY AND CONCLUSION

5.1       Summary

5.2       Findings

5.3       Recommendations

Bibliography

ABSTRACT

This thesis aimed at studying the roles played by the international community in the prevention and punishment of the crime of genocide under international law. In other words the research work deals with the roles of the international criminal tribunal/ courts in the prevention and punishment of the crime of genocide under international law. The justification of this research work arose out of the need to confront Genocidal crimes of recent times and also the ones committed in the past for deterrence purposes through investigation, prosecution and punishing of those responsible for such crimes. However in the course of this research a major finding (among others) is that the provisions of the Convention are far from being adequate to cure the challenges that arose in international practice posed to the Convention, in the course of the implementation of the convention coupled with fact that there is no clear, direct and effective judicial response to the prevention and punishment of the crime of Genocide, because there is no nexus between the Convention and the State parties in combating the crime of Genocide. This finding clearly constituted a major problem of this research work. In this regard therefore the objective is to identify the reasons accounting for the poor implementation of the Genocide Convention in practice vis a vis the adequacy or otherwise of the provisions of the convention in international law. Thus, in view of these events this research is concluded by recommending that in order to put an end to impunity for the perpetrators of these crimes and also in an attempt to prevent the crime of genocide there should be in place an effective legal mechanism to enforce implementation at all levels (i.e local and international). The sources of information relied upon for this research are relevant text materials, international instruments, Journals (both local and International), judicial authorities and internet materials.

CHAPTER ONE

1.1            Background of the Study

Genocide as an experience of human behavior throughout history is old, but our concern and understanding about it are relatively new. Humans have probably been committing genocide since the beginning of our species.¹ Killing in mass and committing crimes against other human groups is not new to human history. Human groups have considered, and unfortunately still consider genocide as a viable political course of action, contemplating the intentional destruction of other groups national, ethnic, racial or religious, in whole or in part, in such a way as defined by the UN Convention on the Prevention and Punishment of the Crime of Genocide.²

However, it is only in recent years that we have come to acknowledge genocide more systematically, trying to articulate understandings that were simply unavailable to our ancestors. There was a long delay in recognizing genocide as a crime despite its recurrence throughout human history. As a human race, we did not even have a name to describe genocidal violence before the World War II when Raphael Lemkin coined the term “genocide.³” Until then, it was a crime without a name in the words of Prime Minister Winston Churchill. The systematic mass murder of millions of people in the Holocaust, however, forced us to recognize that humans were killing other humans in systematic ways, with the intent to destroy groups in whole or in part, with terrifying results....

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