Prevention of genocide under international law : an analysis of the obligations of states and the United Nations to prevent genocide at the primary, secondary and tertiary levels /

Prevention of genocide under international law : an analysis of the obligations of states and the United Nations to prevent genocide at the primary, secondary and tertiary levels /

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Bibliographic Details
Author / Creator:Ruvebana, Etienne, author.
Imprint:Cambridge : Intersentia, ©2014.
Description:xvi, 359 pages ; 24 cm.
Language:English
Series:School of human rights research series ; volume 66
School of Human Rights Research series ; v. 66.
Subject:
Genocide (International law)
Genocide -- Prevention.
Responsibility to protect (International law).
Genocide (International law)
Genocide -- Prevention.
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/10127083
Hidden Bibliographic Details
ISBN:9781780682730
1780682735
Notes:Includes bibliographical references (pages 325-346).
Table of Contents:
  • Acknowledgements
  • List of Abbreviations
  • Chapter I. General Introduction
  • 1. Research Context
  • 2. Research Question
  • 3. Objective of the Research
  • 4. Sources of the Research
  • 5. Structure of the Research
  • Chapter II. The Concept of Prevention as Understood in various Fields
  • Introduction
  • 1. Prevention in public health
  • 1.1. Meaning of prevention in public health
  • 1.2. Understanding prevention in public health through examples
  • 1.2.1. Prevention of malaria
  • 1.2.2. Prevention of international spread of disease
  • 1.3. Preliminary conclusions
  • 2. Prevention of proliferation of nuclear weapons
  • 2.1. Understanding prevention through the rules on non-proliferation of nuclear weapons
  • 2.2. The IAEA role in the prevention of proliferation of nuclear weapons
  • 2.3. Preliminary conclusions
  • 3. Prevention in criminology
  • 4. Prevention in international environmental law
  • 4.1. Understanding the meaning and purpose of prevention and the preventive measures in environmental law
  • 4.1.1. Understanding the meaning and purpose of prevention in environmental law
  • 4.1.2. Understanding preventive measures through some international conventions and case-law
  • 4.2. Prevention principle v. the lack of certainty of the occurrence of environmental damage and of the power to prevent
  • 4.3. Preliminary conclusions
  • 5. Prevention of torture
  • 5.1. Prevention of torture at the international level
  • 5.2. Prevention of torture at the regional level
  • 5.2.1. Prevention of torture at the European level
  • 5.2.2. Prevention of torture at the American level
  • 5.3. Preliminary conclusions
  • Conclusion
  • Chapter III. The Concept of Prevention in the Field of Genocide in General
  • Introduction
  • 1. Understanding the factors in the process to genocide
  • 1.1. Genocide as an identity-based phenomenon
  • 1.2. Difficult life conditions due to economic problems
  • 1.3. Deprivation or inequalities in the allocation of scarce resources
  • 1.4. Political scarcity
  • 1.5. Armed Conflicts
  • 1.6. Human rights violations in an atmosphere of impunity
  • 1.7. Preliminary conclusions
  • 2. Understanding the risks of genocide in different phases of the process to genocide
  • 2.1. Social categorisation
  • 2.2. Discrimination
  • 2.3. Dehumanisation
  • 2.4. Propaganda for the elimination of the targeted group(s)
  • 2.5. Preparation
  • 2.6. Targeted massacres
  • 2.7. Elimination (genocide per se)
  • 2.8. Absence of action to halt genocide
  • 2.9. Denial of genocide and impunity of its perpetrators
  • 2.10. Preliminary conclusions
  • 3. Understanding prevention in the process to genocide
  • 3.1. Primary prevention of genocide
  • 3.2. Secondary prevention of genocide
  • 3.3. Tertiary prevention of genocide
  • 3.4. Prevention v. the lack of certainty of the risk of genocide and of the power to prevent
  • 3.5. Preliminary conclusions
  • Conclusion
  • Chapter IV. Prevention of Genocide Under International Law
  • Introduction
  • 1. Origin and definition of genocide: a prevention perspective
  • 2. The obligation to prevent genocide: meaning, scope and independence vis-à-vis the obligation to punish
  • 2.1. Meaning of prevention and the obligation to prevent genocide: Article I of the Genocide Convention
  • 2.1.1. The meaning of prevention in the Genocide Convention
  • 2.1.2. The meaning and scope of the obligation to prevent genocide
  • 2.2. Obligation to prevent genocide as a legal obligation (separate from the obligation to punish)
  • 2.3. The nature of the obligation to prevent genocide: obligation of means not of result?
  • 2.3.1. The distinction between the obligation of means and the obligation of result
  • 2.3.2. Does the application of the distinction by the ICJ match the reality and nature of the obligation to prevent genocide?
  • 2.4. Preliminary conclusions
  • 3. The bearers of the obligation to prevent genocide
  • 3.1. The bearers of the obligation to prevent genocide under the Genocide Convention
  • 3.2. The obligation to prevent genocide under customary international law and its bearers
  • 3.3. Preliminary conclusions
  • 4. The temporal scope of the obligation to prevent genocide
  • 5. Prevention and knowledge of serious risk of genocide and the lack of certainty of its occurrence
  • 5.1. Prevention and knowledge of the serious risk of genocide
  • 5.2. Obligation to prevent genocide v. the lack of certainty that genocide will happen
  • 5.3. Preliminary conclusions
  • Conclusion
  • Chapter V. The Obligation of Territorial States to Prevent Genocide Under International Law
  • Introduction
  • 1. Territorial scope of the obligation to prevent genocide
  • 2. Primary prevention of genocide by territorial states
  • 2.1. Necessary legislation to give effect to the Genocide Convention
  • 2.1.1. Legal basis and meaning
  • 2.1.2. Content of necessary legislation to give effect to the Genocide Convention
  • 2.2. Is only legislation envisaged at the primary level in order to prevent genocide?
  • 2.3. Preliminary conclusions
  • 3. Secondary prevention of genocide by territorial states
  • 3.1. Preventive measures exercised at a national level
  • 3.1.1. Judicial measures to prevent genocide
  • 3.1.2. Other measures
  • 3.2. Preventive measures with international character
  • 3.2.1. Prevention by punishing the incitement to commit genocide committed outside its territory
  • 3.2.2. What if the inciting state is developing weapons of mass destruction which could be used to commit genocide against the people of a territorial state?
  • 3.3. Preliminary conclusions
  • 4. Tertiary prevention of genocide by territorial states
  • 4.1. Who within the state is committing genocide?
  • 4.1.1. When genocide is being committed by the territorial state's organs
  • 4.1.2. When genocide is being committed by a rebel group (not under the control of the territorial state)
  • 4.1.3. When genocide is being committed by apart of the population of the territorial state
  • 4.2. When genocide is being committed by another state or rebel groups from another state
  • 4.2.1. When a territorial state is victim of aggression by another state with the intention to commit genocide
  • 4.2.2. When genocide is being committed by armed bands or groups operating from another state
  • 4.3. Preliminary conclusions
  • 5. Some challenges common to the prevention at the three levels and how they should be overcome
  • Conclusion
  • Chapter VI. Prevention of Genocide by Non-Territorial States Under International Law
  • Introduction
  • 1. The territorial scope of the obligation to prevent genocide
  • 1.1. Confronting the obligation to prevent genocide with state sovereignty
  • 1.2. The ICJ and the territorial scope of the obligation to prevent genocide
  • 2. Capacity of non-territorial states to prevent genocide outside their territories
  • 3. Primary prevention of genocide by non-territorial states: What actions are permitted and required in international law, with what means and to which distance?
  • 3.1. Necessary legislation that may have effect on the prevention of genocide in other states
  • 3.1.1. Legislation that penalises behaviours that may lead to genocide and genocide itself.
  • 3.1.2. Legislation that creates a mechanism to prosecute and punish genocide related crimes committed outside the prosecuting state
  • 3.2. Other measures
  • 3.3. Preliminary Conclusions
  • 4. Secondary prevention of genocide by non-territorial states: What actions are permitted in international law with what means and to which distance?
  • 4.1. Judicial measures for the prevention of genocide by non-territorial states
  • 4.1.1. Application of the principle of universal jurisdiction in the prevention of genocide
  • 4.1.2. Preventing genocide through the referral of a situation to the ICC and through the execution of its arrest warrants
  • 4.2. Other preventive measures
  • 4.3. Preliminary conclusions
  • 5. Tertiary prevention of genocide by non-territorial states: What actions are permitted in international law with what means and to which distance?
  • 5.1. The prohibition of use of force in the context of genocide
  • 5.1.1. Mainstream views on the prohibition of use of force
  • 5.1.2. Views in favour of an extensive interpretation of article 2(4)
  • 5.2. Humanitarian intervention and the use of force to put an end to genocide
  • 5.2.1. Background and definition of humanitarian intervention
  • 5.2.2. Arguments of the proponents of humanitarian intervention in general
  • 5.2.3. Arguments of the opponents of humanitarian intervention in general
  • 5.3. Can the commission of genocide be an independent ground to trigger the use of force to comply with the obligation to prevent genocide by non-territorial states?
  • 5.4. Necessity: a circumstance precluding the wrongfulness of the use of force in case of genocide?
  • 5.5. Threshold needed for the use of force to end genocide under any of the discussed forms
  • 5.6. Preliminary conclusions
  • 6. The use of influence as means to prevent genocide at all levels
  • 6.1. Definition of influence
  • 6.2. The use of influence to prevent genocide
  • 6.3. Assessing the capacity to influence
  • 6.4. Preliminary conclusions
  • 7. Coordination at all three levels of prevention in discharging the obligation of non-territorial states to prevent genocide
  • Conclusion
  • Chapter VII. The United Nations and the Obligation to Prevent Genocide Under International Law
  • Introduction
  • 1. The obligation of the United Nations to prevent genocide
  • 1.1. Drafting history of article VTII and how it was interpreted later
  • 1.2. The legal basis for the UN obligation to prevent genocide
  • 1.2.1. Does the UN obligation to prevent genocide derive from the Genocide Convention as a stand-alone legal basis or from general international law?
  • 1.2.2. The UN obligation to prevent genocide reinforced, enhanced, confirmed and enabled by the purposes and general competence of the United Nations enshrined in the Charter
  • 1.3. Is the obligation of the UN to prevent genocide triggered only if called upon by states?
  • 1.4. Preliminary conclusions
  • 2. The territorial scope of the obligation to prevent genocide by the UN
  • 3. The competence of organs of the United Nations to prevent genocide and when and how they can act
  • 3.1. The Security Council
  • 3.1.1. Does the Security Council have the competence to prevent genocide?
  • 3.1.2. When and how can the Security Council act to prevent genocide?
  • 3.2. The General Assembly
  • 3.2.1. Does the General Assembly have the competence to prevent genocide?
  • 3.2.2. When and how can the General Assembly act to prevent genocide?
  • 3.3. The Secretariat
  • 3.3.1. Does the Secretariat have the competence to prevent genocide?
  • 3.3.2. When and how the Secretariat can act to prevent genocide?
  • 3.4. The Economic and Social Council (ECOSOC)
  • 3.4.1. Does the Economic and Social Council have the competence to prevent genocide?
  • 3.4.2. When and how the ECOSOC can act to prevent genocide?
  • 3.5. The International Court of Justice
  • 3.5.1. The basis of the competence of the ICJ to address the prevention of genocide
  • 3.5.2. When and how can the ICJ act to prevent genocide?
  • 3.6. Preliminary conclusions
  • Conclusion
  • Chapter VIII. Prevention of Genocide and the Concept of the Responsibility to Protect
  • Introduction
  • 1. Background and evolution of the concept of the R2P
  • 2. Prevention of genocide by territorial states under the R2P
  • 2.1. Prevention of genocide at the primary level under the R2P
  • 2.2. Prevention of genocide at the secondary and tertiary levels under the R2P
  • 2.3. Preliminary conclusions
  • 3. Prevention of genocide by non-territorial states and by (or through) the United Nations under the R2P
  • 3.1. Prevention of genocide at the primary level under the R2P
  • 3.2. Prevention of genocide at the secondary level under the R2P
  • 3.3. Prevention of genocide at the tertiary level under the R2P
  • 3.4. Preliminary conclusions
  • 4. R2P and prevention of genocide: challenges ahead
  • Conclusion
  • Chapter IX. Summary and General Conclusions
  • 1. Summary
  • 2. Conclusions and recommendations: Towards a world without genocide?
  • Bibliography
  • Samenvatting
  • Curriculum Vitae

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