Convention on the Prevention and Punishment of the Crime of Genocide: A Source of International Obligations Cover Image

Konvencija o sprečavanju i kažnjavanju zločina genocida: izvor međunarodnih obaveza
Convention on the Prevention and Punishment of the Crime of Genocide: A Source of International Obligations

Author(s): Enis Omerović
Subject(s): International Law, International relations/trade, Criminology, Studies in violence and power, Victimology
Published by: Institut za istraživanje zločina protiv čovječnosti i međunarodnog prava Univerziteta u Sarajevu
Keywords: genocide; Genocide Convention; international obligations; non-commission; non-participation; prevention; punishment;
Summary/Abstract: The paper discusses the international obligations of states and international organizations, which derive from the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Likewise, the Convention is an international instrument that is an expression of general customary international law. Therefore, it binds the contracting state parties and the non-contracting state parties. The paper analyzes the obligations to prohibit the direct commission of the crime of genocide, non-participation in its commission, prevention and punishment of the perpetrators of this international crime. As a separate chapter, the article deals with particular consequences created for states (and international organizations) following the violation of obligations under the Convention. As these are serious breaches of the obligations arising from the peremptory norms of general international law, a separate and aggravated legal regime of responsibility for states (and international organizations) is therefore provided in international law. In addition to three forms of reparations: restitution, compensation and satisfaction, it refers to the application of other sanctions (measures).