AN EXAMINATION OF THE CRIME OF GENOCIDE IN INTERNATIONAL HUMANITARIAN LAW
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ABSTRACT
This thesis entitled “An
Examination of the Crime of Genocide under International Humanitarian
Law” dealt with crime of genocide as an act of aggression which of recent
presented serious threats to international peace and security. This is because
this crime when committed within a particular state lead to murder of innocent
people to such alarming propositions that the international community could not
ignore. Global incidences of the commission of the crime of genocide led to
concerted efforts of the United Nations to make genocide an international crime
so that its perpetrators could be brought to justice through punishment. On
this note, this thesis aimed at examining the legal framework of the crime of
genocide through the study of the various constitutive international
instruments on the crime of genocide and also that of the International
Criminal Court (ICC) as the judicial institution responsible for fight against
genocide in International Law. However, the statement of problem of this
research is that following the recent experiences in the commission of the
crime of genocide the international community has found it difficult to bring
perpetrators for punishment before the international criminal court due to one
reason or the other. For example, the consideration of the circumstances to be
designated as genocide by the Rome Statute is not clear. In addition, it is
noteworthy to state here that, a fundamental issue which generated the interest
of the writer in this area of research is that there is no corresponding will
by states to prevent the commission of the crime or stop it from escalating.
State parties and indeed even the United Nations always fail to use the term
Genocide to describe hostilities that clearly fall within the meaning of the
crime of Genocide. Thus, United Nations and state parties usually capitalize on
the loopholes and inherent defects in the laws of Genocide to suit their
political purposes. For instance the persistence of Genocide in Bangladesh,
Uganda, Cambodia, Rwanda (Hutus and Tutsis) and Bosnian Muslims in the former
Yugoslavia are testimonies of failure of intervention by the international
community to stop high profile atrocities. Indeed, when ethnic cleansing was
going on in the territory of former Yugoslavia, Darfur, Rwanda between Tutsis
and Hutus, the United Nations, the US government and other countries were
called upon to intervened but they failed. Against this backdrop therefore, the
objective of this thesis was to identify the factors militating against the
prevention and punishment of the crime of genocide and to proffer possible
measures solutions to addressing them; and further to consider the possibility
of adopting same measures in Nigeria so as to eradicate instance of genocide in
the country in view of the present Nigerian experiences. In view of this
therefore, the finding of the writer was that the general weakness of
international law constitutes a major problem of lack of enforcement to the
institution of the punishment and prevention of genocide. In this regard, the
writer concluded by recommending (among others) that the governments of Member
States of the international community particularly the Security Council should
be proactive, effective, prompt and jurisprudentially sound on the improvement
and enforcement of the international legal processes that hold individuals
accountable to the law so that, never again should would-be violators of these
laws succeed in claiming that they are entitled to hide behind a wall of
sovereignty.
Examination of the Crime of Genocide under International Humanitarian
Law” dealt with crime of genocide as an act of aggression which of recent
presented serious threats to international peace and security. This is because
this crime when committed within a particular state lead to murder of innocent
people to such alarming propositions that the international community could not
ignore. Global incidences of the commission of the crime of genocide led to
concerted efforts of the United Nations to make genocide an international crime
so that its perpetrators could be brought to justice through punishment. On
this note, this thesis aimed at examining the legal framework of the crime of
genocide through the study of the various constitutive international
instruments on the crime of genocide and also that of the International
Criminal Court (ICC) as the judicial institution responsible for fight against
genocide in International Law. However, the statement of problem of this
research is that following the recent experiences in the commission of the
crime of genocide the international community has found it difficult to bring
perpetrators for punishment before the international criminal court due to one
reason or the other. For example, the consideration of the circumstances to be
designated as genocide by the Rome Statute is not clear. In addition, it is
noteworthy to state here that, a fundamental issue which generated the interest
of the writer in this area of research is that there is no corresponding will
by states to prevent the commission of the crime or stop it from escalating.
State parties and indeed even the United Nations always fail to use the term
Genocide to describe hostilities that clearly fall within the meaning of the
crime of Genocide. Thus, United Nations and state parties usually capitalize on
the loopholes and inherent defects in the laws of Genocide to suit their
political purposes. For instance the persistence of Genocide in Bangladesh,
Uganda, Cambodia, Rwanda (Hutus and Tutsis) and Bosnian Muslims in the former
Yugoslavia are testimonies of failure of intervention by the international
community to stop high profile atrocities. Indeed, when ethnic cleansing was
going on in the territory of former Yugoslavia, Darfur, Rwanda between Tutsis
and Hutus, the United Nations, the US government and other countries were
called upon to intervened but they failed. Against this backdrop therefore, the
objective of this thesis was to identify the factors militating against the
prevention and punishment of the crime of genocide and to proffer possible
measures solutions to addressing them; and further to consider the possibility
of adopting same measures in Nigeria so as to eradicate instance of genocide in
the country in view of the present Nigerian experiences. In view of this
therefore, the finding of the writer was that the general weakness of
international law constitutes a major problem of lack of enforcement to the
institution of the punishment and prevention of genocide. In this regard, the
writer concluded by recommending (among others) that the governments of Member
States of the international community particularly the Security Council should
be proactive, effective, prompt and jurisprudentially sound on the improvement
and enforcement of the international legal processes that hold individuals
accountable to the law so that, never again should would-be violators of these
laws succeed in claiming that they are entitled to hide behind a wall of
sovereignty.
TABLE OF CONTENTS
CHAPTER ONE
GENERAL INTRODUCTION
1.1
Background of the Study – – – – – – –
Background of the Study – – – – – – –
1.2
Statement of the Problem – – – – – – –
Statement of the Problem – – – – – – –
1.3
Justification of the Study – – – – – – –
Justification of the Study – – – – – – –
1.4
Aim and Objectives of the Study – – – – – –
Aim and Objectives of the Study – – – – – –
1.5
Scope of the Study – – – – – – – –
Scope of the Study – – – – – – – –
1.6
Research Methodology – – – – – – –
Research Methodology – – – – – – –
1.7
Literature Review – – – – – – – –
Literature Review – – – – – – – –
1.8 Organizational Layout – – –
– – – –
– – – –
CHAPTER TWO
CONCEPT OF INTERNATIONAL
HUMANITARIAN LAW AND GENOCIDE
HUMANITARIAN LAW AND GENOCIDE
2.1 Introduction – – – – – – –
– –
– –
2.2 Development of
International Humanitarian Law – – –
International Humanitarian Law – – –
2.3 The Role of Custom in the
Development of International
Development of International
Humanitarian Law (IHL) – – – –
– – –
– – –
2.4 The Relationship between
IHL and the Crime of Genocide – –
IHL and the Crime of Genocide – –
2.4.1 The Meaning and Nature of
International Humanitarian Law – –
International Humanitarian Law – –
2.4.2 The Meaning and Nature of
the Crime of Genocide – – –
the Crime of Genocide – – –
2.4.3 The Development of
Genocide and its Criminalization in
Genocide and its Criminalization in
International Humanitarian Law
– – – – – –
– – – – – –
2.4.4 Genocide as an International
Crime – – – – –
Crime – – – – –
2.4.5 An Overview of the
Constitutive International Instrument on Genocide-
Constitutive International Instrument on Genocide-
CHAPTER THREE
AN ANAYLSIS OF THE CRIME OF
GENOCIDE IN INTERNATIONAL HUMANITARIAN LAW (IHL)
GENOCIDE IN INTERNATIONAL HUMANITARIAN LAW (IHL)
3.1
Introduction – – – – – – – – –
Introduction – – – – – – – – –
3.2
The Meaning and Nature of the Concept Genocide – – –
The Meaning and Nature of the Concept Genocide – – –
3.3
The Scope of the Concept of Genocide in International Law – –
The Scope of the Concept of Genocide in International Law – –
3.4
The Punishment of the Crime of Genocide in International Law –
The Punishment of the Crime of Genocide in International Law –
3.5 Specific Instances of the
Commission of Genocide in International Law-
Commission of Genocide in International Law-
3.6 The Nigerian Experience – –
– – – – –
– – – – –
3.6.1 The Odi Massacre – – – –
– – – –
– – – –
3.6.2 The Tiv Massacre – – – –
– – – –
– – – –
3.6.3 Boko Haram – – – – – – –
– –
– –
3.6.4 Ombatse Militia in
Nasarawa State – – – – –
Nasarawa State – – – – –
3.6.5 The Plateau State
Religious Crisis – – – – – –
Religious Crisis – – – – – –
CHAPTER FOUR
THE CRIME OF GENOCIDE IN
INTERNATIONAL CRIMINAL COURT (ICC)
INTERNATIONAL CRIMINAL COURT (ICC)
4.1
Introduction – – – – – – – – –
Introduction – – – – – – – – –
4.2
Procedure of the Court – – – – – – –
Procedure of the Court – – – – – – –
4.3 The International Court of
Justice and the Maintenance of International
Justice and the Maintenance of International
Peace and Security – – – – – –
– –
– –
4.4 The Functions of the Court
– – – – – – –
– – – – – – –
CHAPTER FIVE
SUMMARY AND CONCLUSION
5.1
Summary – – – – – – – – –
Summary – – – – – – – – –
5.2
Findings – – – – – – – – –
Findings – – – – – – – – –
5.3 Recommendations – – – – – –
– –
– –
Bibliography
– – – – – – – – –
– – – – – – – – –
References
Armstrong, K. (1999), A
History of Coo’ cited in Baumeister, RE., Evil: Inside Human violence and
cruelty (New York: W.H. Freeman).
History of Coo’ cited in Baumeister, RE., Evil: Inside Human violence and
cruelty (New York: W.H. Freeman).
Bell-Fialkoff,
Ethnic Cleansing, (1999) New York
Ethnic Cleansing, (1999) New York
Ahmed M. D. (2015) an examination of the crime of genocide in
international humanitarian law; MSC thesis
international humanitarian law; MSC thesis
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