Winner of the Max van der Stoel Human Rights Award 2014
Genocide is thé crime of crimes which shocks the conscience of mankind the most because of the unspeakable damage and pain it causes. This book studies the obligation to prevent genocide under international law and more particularly the extent of that obligation under the Genocide Convention and customary international law.
Although, this obligation is recognised in public international law, the issue what this obligation actually entails has not received much attention in scholarly works and in practice. Even recent debates focused on intervention at the stage where genocide is about to be committed or is being committed, ignoring prevention at early stages. Yet, such early prevention is pivotal in order to effectively reduce the risk of genocide.
Drawing upon, inter alia, the 2007 Genocide judgment of the International Court of Justice, the author puts forward a distinction between primary, secondary and tertiary levels of prevention of genocide . Within this temporal structure, he analyses and applies the obligation to prevent genocide by states and the United Nations. This leads to a clarification of that legal obligation by filling it with concrete international legal measures to be taken by both states and the United Nations at each level, and by suggesting improvements which include the creation of national and international institutions to actively promote and monitor the prevention of genocide.
Chapter I. General Introduction (p. 1)
Chapter II. The Concept of Prevention as Understood in various Fields (p. 11)
Chapter III. The Concept of Prevention in the Field of Genocide in General (p. 47)
Chapter IV. Prevention of Genocide Under International Law (p. 75)
Chapter V. The Obligation of Territorial States to Prevent Genocide Under International Law (p. 113)
Chapter VI. Prevention of Genocide by Non-Territorial States Under International Law (p. 161)
Chapter VII. The United Nations and the Obligation to Prevent Genocide Under International Law (p. 229)
Chapter VIII. Prevention of Genocide and the Concept of the Responsibility to Protect (p. 289)
Chapter IX. Summary and General Conclusions (p. 317)
Bibliography (p. 325)
Samenvatting (p. 347)
Curriculum Vitae (p. 357)
Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.
The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
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Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).
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