A study of the duty to prevent genocide in the context of international law

Abstract

This thesis will attempt to uncover what the law surrounding the prevention of genocide amounts to. The provisions of Genocide Convention and duties under customary law will be examined in detail. It will be argued that the law to prevent genocide only requires a territorial basis of jurisdiction, but this does envelop some practical means of domestic prevention, as well as criminal law and civil law elements. Although beneficial, universal jurisdiction does not exist for the crime of genocide. States do however have the opportunity to take action to prevent genocide in other countries, but that is only if the offending State allows for it or non military action is invoked. Early warning systems and State monitoring may be the best means to prevent genocide. Forcible action may also be taken, but only with Security Council authorisation. The United Nations is in a favourable position to help prevent genocide and it has the option, but again no duty, to do so. Resolutions, peace keeping forces and diplomatic measures are effective means which can be employed by the Untied Nations to prevent genocide. These measures for prevention will then be examined in relation to the current situation in Darfur as well as determining whether there is sufficient evidence to assert that genocide is occurring there.