The Genocide Convention, also known as the Convention on the Prevention and Punishment of the Crime of Genocide, is a crucial global legal instrument. It was adopted by the United Nations General Assembly in 1948 and came into force in 19511. Here are the key points about this significant convention:
Definition of Genocide:
- The convention defines genocide as a crime under international law.
- Genocide refers to any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious 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 in part.
- Imposing measures intended to prevent births within the group.
- Forcibly transferring children of the group to another group.
Punishable Acts:
- The following acts related to genocide are punishable:
- Genocide itself.
- Conspiracy to commit genocide.
- Direct and public incitement to commit genocide.
- Attempt to commit genocide.
- Complicity in genocide.
- The following acts related to genocide are punishable:
Responsibility and Jurisdiction:
- Persons committing genocide, whether they are rulers, public officials, or private individuals, shall be punished.
- Trials for genocide or related acts should take place in the territory where the act was committed or by an international penal tribunal with jurisdiction.
Legislation and Cooperation:
- Contracting Parties (countries that have ratified the convention) undertake to enact necessary legislation to give effect to its provisions.
- Genocide and related acts are not considered political crimes for the purpose of extradition.
Historical Context:
In summary, the Genocide Convention plays a crucial role in codifying and addressing the crime of genocide, obliging states to prevent and punish it. As of now, it has been ratified by 153 states, including Zambia, and continues to be a matter of priority in international law3.
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