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The Prohibition of Genocide as a Norm of Ius Cogens and its Implications for the Enforcement of the Law of Genocide

The Prohibition of Genocide as a Norm of Ius Cogens and its Implications for the Enforcement of... The Prohibition of Genocide as a Norm of Ius Cogens and Its Implications for the Enforcement of the Law of Genocide JAN WOUTERS * AND STEN VERHOEVEN ** Introduction This contribution aims to investigate how the prohibition of genocide can be easily and more swiftly enforced by focusing on the allegedly peremptory nature of this prohibition. In the first part, it will be demonstrated that geno- cide, as defined in the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”), 1 is peremptorily prohibited in international law. Secondly, the relation between ius cogens and obligations erga omnes will be established and the practical consequences of this corol- lary examined. In particular, the focus will be placed on the ability to launch a case against States violating the prohibition of genocide before the International Court of Justice (ICJ) and to impose countermeasures. The Prohibition of Genocide as a Norm of Ius Cogens Definition of Ius Cogens The concept of ius cogens (or peremptory norms) first appeared in the Vienna Convention on the Law of Treaties (VCLT), 2 where it was defined as “a norm accepted and recognized by the international community of States as a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

The Prohibition of Genocide as a Norm of Ius Cogens and its Implications for the Enforcement of the Law of Genocide

Verhoeven, Sten; Wouters, Jan
International Criminal Law Review , Volume 5 (3): 401 – Jan 1, 2005
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References (8)

Publisher
Brill
Copyright
© 2005 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/1571812054940049
Publisher site
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Abstract

The Prohibition of Genocide as a Norm of Ius Cogens and Its Implications for the Enforcement of the Law of Genocide JAN WOUTERS * AND STEN VERHOEVEN ** Introduction This contribution aims to investigate how the prohibition of genocide can be easily and more swiftly enforced by focusing on the allegedly peremptory nature of this prohibition. In the first part, it will be demonstrated that geno- cide, as defined in the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”), 1 is peremptorily prohibited in international law. Secondly, the relation between ius cogens and obligations erga omnes will be established and the practical consequences of this corol- lary examined. In particular, the focus will be placed on the ability to launch a case against States violating the prohibition of genocide before the International Court of Justice (ICJ) and to impose countermeasures. The Prohibition of Genocide as a Norm of Ius Cogens Definition of Ius Cogens The concept of ius cogens (or peremptory norms) first appeared in the Vienna Convention on the Law of Treaties (VCLT), 2 where it was defined as “a norm accepted and recognized by the international community of States as a

Journal

International Criminal Law Review – Brill

Published: Jan 1, 2005

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