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Genocide INFO (Legal and Non-Legal, Effectiveness, International/Domestic) (1 Viewer)

jefferiesk97

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This is not my written report but everything I used for it is in this document. BTW I got 24/25 for this task.

Australia is a signatory of the United Nations Convention on the Prevention and the Punishment of the Crime of Genocide. Contracting parties undertake to ‘prevent and to punish’ genocide, and may call on the United Nations to take action for the ‘prevention and suppression’ of acts of Genocide (Genocide Convention 1948). More recently, at the World Summit in 2005, Australia joined the international community in endorsing the ‘responsibility to protect’ principle, a principle that highlights the national and international responsibility to protect populations from genocide and mass atrocities.


Legal Responses- International
- Office of the special adviser on the prevention of genocide (branch of United Nations)- acts as a catalyst to raise awareness of the causes and dynamics of genocide, to alert relevant actors where there is a risk of genocide, and to advocate and mobilize for appropriate action. Due to the sensitive nature of the mandate, much of the Office’s work remains outside of the public eye. However, when the Special Advisers assess that making their concerns public will reduce the risk of atrocity crimes in a specific situation, they do so by issuing public statements and upon request, by briefing the Security Council. Limited in its effectiveness as officers work in privacy, have no enforceability unless referred to the security council and apart from examining evidence and listing warnings of possible occurrences of genocide, is not widely heard or recognised in the fight to eliminate modern day genocide.
- International conventions/covenants
 UN Convention on the Prevention and Punishment of the Crime of Genocide- made by the General Assembly of the United Nations dated 11 December 1946, and states that genocide is a crime under International Law, and significantly recognizing that all periods of history that genocide has inflicted great losses on humanity and it will attempt to eliminate such tragedies from occurring again. Somewhat effective, as this convention allows the UN to intervene if reports of genocide arise.
 Article 6 of the International Covenant on Civil and Political Rights- links to the Convention on the Prevention and Punishment of the Crime of Genocide, and the treatment of those punished with committing genocide. Somewhat effective as it is good to have it listed in the International Convention often integrated into domestic law world-wide.
- R2P: Responsibility to protect- At the World Summit 2005, the United Nations along with the world community decided to embrace a new doctrine, an international approach to human rights abuses, called the ‘Responsibility to Protect’, or ‘R2P’. The doctrine aims to make the protection of human rights abuses an integral part of the responsibility that goes with being a sovereign state- if a state fails to protect its own citizens, then the international community has the responsibility to step in. In 2006, the Security Council reaffirmed the World Summit Outcome Document ‘regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity’. Somewhat effective as it gives permission for Human rights centered countries to step in to countries where these crimes are happening, although with the wrong information can lead to wars and unnecessary deaths.
The three pillars of responsibility:  States have a responsibility to protect their populations from these crimes.
 The International community is responsible for helping states build capacity to protect their populations before such crises or conflicts break out.
 Importantly, when a state has manifestly failed to protect its citizens and where peaceful means are inadequate, the International community must take action to prevent them.
("The prevention of mass atrocities demands a system-wide UN effort. Goals related to the responsibility to protect should also inform our development and peacebuilding work, not just our efforts in the areas of human rights, humanitarian affairs, peacekeeping and political affairs”. Secretary-General Ban Ki-moon, Stanley Foundation Conference on Implementing the Responsibility to Protect, Tarrytown, New York, 15 January 2010.)
Legal Responses- Australian Domestic
- The Anti-Genocide Bill 1999 (A ratification of The Convention on the Prevention and Punishment of the Crime of Genocide- An Act to approve of Ratification by Australia of the Convention on the Prevention and Punishment of the Crime of Genocide). Amends the Genocide Convention Act 1949 to implement Australia's obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, to ensure that genocide is unlawful in Australia.

(Note: This law was never passed, as it was rejected from the senate for the 3rd time in 2008. Genocide still does not remain unlawful or punishable under domestic law). Therefore, Australia is not fulfilling its legal obligations to the United Nations as we have not implemented any formal legislation relating to the prevention and punishment of Genocide. Not effective at all.


Legal Response- Rwanda Domestic

- ORGANIC LAW No. 08/96 of August 30,1996 on the Organization of Prosecutions for Offences constituting the Crime of Genocide or Crimes against Humanity committed since October 1, 1990. The purpose of this organic law is the organization of criminal proceedings against persons who are accused of having since 1 October 1990, committee acts set out and sanctioned under the Penal Code.
- International Criminal Tribunal (like that for Rwanda)- Legally binding. Prosecutes individuals who have lad or committed acts of genocide. It also is the first international tribunal to define rape in international criminal law and to recognise rape as a means of perpetrating genocide. The Tribunal is located in Arusha, Tanzania, and has offices in Kigali, Rwanda. Its Appeals Chamber is located in The Hague, Netherlands. – reasonably effective as can give punishments for crimes but takes a significant amount of time to find these people and then a greater time collecting evidence and proceeding with the court. Since it opened in 1995, the Tribunal has indicted 93 individuals whom it considered responsible for serious violations of international humanitarian law committed in Rwanda in 1994.

Non- Legal Response- International

- Media- The media is one of the most influential non-legal responses to any contemporary issue as it is global and can reach almost every corner of the world. The media can hold and surface personal perspectives, controversial articles relating to any issues, but are extremely effective with sharing information on human rights as the media is often centered and located in more white based western countries where human rights are very much enforced under domestic law.
- Genocidewatch (www.genocidewatch.net)- Genocide Watch exists to predict, prevent, stop, and punish genocide and other forms of mass murder. Our purpose is to build an international movement to prevent and stop genocide. Have no enforceability but is rather effective in alerting the international community of threats and occurrences so that the international community and committees relating to genocide can step in to prevent and react to the problem.
- United to end Genocide- (http://endgenocide.org) - United to End Genocide is building the largest activist organization in America dedicated to preventing and ending genocide and mass atrocities worldwide. United to end Genocide prouds itself on connecting with the International community and sharing a unite voice on human rights issues that occur. They provide financial support.

Non-legal Responses- Australian Domestic

- Media- The Australian media has played a big part in the broadcasting of international affairs from across the world. The media also carries news on broadcasted documentaries specifically relating to human rights issues, like those seen relating to The Nazi’s in WW2. This becomes a good means to spread the futility of genocide and the devastating effects it has on the greater population, in the attempt that people understand and prevent it from occurring again.

Non-legal Resonses- Rwanda Domestic

- Rwandan Red Cross- The domestic Rwandan branch of the International Federation of Red Cross and Red Crescent Societies. Works to maintain the upkeep of human rights in Rwanda while funded by the Rwandan government and the international community.
- National Commission for the fight against Genocide- ‘To prevent, fight against genocide and genocide ideology, Address genocide consequences both within and outside Rwanda’- vision.
The commission was established as part of the Rwandan government to research and provide support and recommendations to the government to maintain that the genocide that occurred in 1994 shall never happen again.
 

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