Abstract
The travaux préparatoires of the Genocide Convention (1948) constitute a vast source of information on the origin and evolution of the concepts that comprise it and an understanding of them is important for the correct interpretation of its articles. The study of the preparatory works of the Convention allows us to understand the alternatives that were negotiated and those that were discarded, thus leading to the final drafting of the text of the Convention. This chapter carries out a study of this kind in relation to the duty to prevent genocide (in Article I) and also the absence of political groups in the definition of genocide (in Article II). It concludes that the prevention of genocide covered two notions: the prevention of genocide through the criminalization of the crime and the notion that the United Nations is the most appropriate body to confront genocide internationally. Beyond this, the history of the drafting of Article I leaves the precise obligations of States Parties to prevent genocide vague and unclear. With respect to political groups, from the beginning, they were considered as one of the protected groups. However, their inclusion generated constant opposition, mainly due to their lack of permanence and stability. In the end, they were intentionally removed from the definition of genocide only 11 days before the final convention was finalized as part of a political compromise to dispel the fear that they could prevent States from ratifying the treaty.
Translated title of the contribution | The duty to prevent the crime of genocide and political groups in the Genocide Convention of 1948 |
---|---|
Original language | Spanish |
Title of host publication | La Evolución de la Definición y la Aplicación del Delito de Genocidio: La Contribución Iberoamericana y el Legado del Tribunal Penal Internacional para la ex Yugoslavia = The Evolution of the Definition and Application of the Crime of Genocide: The Ibero-American Contribution and the Legacy of the International Criminal Tribunal for the former Yugoslavia |
Editors | Hector Olasolo, Pilar Eirene de Prada |
Place of Publication | Spain |
Publisher | Tirant lo Blanch |
Pages | 145-190 |
Number of pages | 46 |
ISBN (Print) | 9788413365404 |
Publication status | Published - 2019 |
Keywords
- genocide
- prevention
- Convention on the Prevention and Punishment of the Crime of Genocide (1948 December 9)