The United Nations Convention on Genocide and How It Can Be Implemented in Criminal Codes of State Parties
Amanzholov Z. Nukusheva A. Satbayeva A. Baisalova G. Taitorina B.
2024Taylor and Francis Ltd.
Public Integrity
2024#26Issue 5606 - 623 pp.
The issue of developing effective mechanisms to prevent and punish the crime of genocide remains relevant in the modern world. Over the years, the UN has been trying to fulfil the mandate to ensure international security through the prevention of crimes against humanity. In this context, the study of the mechanisms of legal qualification and prosecution for these acts is of particular relevance. At present, the 1948 Convention on the Prevention and Punishment of the Crime of Genocide remains the main instrument regulating the responsibility for crimes that can be qualified as genocide. The purpose of this study is to analyze the practice of incorporating the provisions of the 1948 Genocide Convention and the problems of their criminal law regulation and modernization. The results are made up of interconnected target, procedural, and evaluation elements, which are based on the method of legal analysis of the legislative practice of countries with different approaches to the issue of genocide. All the examples given in the work show that the process of introducing effective mechanisms of prosecution for genocide by states, among which national courts can be named first, is ongoing, but it is happening very slowly.
Criminal codes and special laws of state parties , expansive interpretation , means of implementation , protected demographic groups , UN Genocide Convention
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