1 Upon its adoption in 1948, Hersch Lauterpacht complained that the Convention on the Prevention and Punishment of the Crime of Genocide (‘Genocide Convention’) ‘amounts to a registration of protest against past misdeeds of individual savagery rather than to an effective instrument of their prevention or repression’ (Oppenheim, 1955, 751). Georg Schwarzenberger similarly lamented that the celebrated treaty was ‘unnecessary when applicable and inapplicable when necessary’ (1957, at 143). This refrain was directed particularly at the perceived inadequacy of the...
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