The Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter referred to as the ‘Genocide Convention’ or ‘Convention’) explicitly penalizes attempt to commit genocide,1 and the statutes for the International Criminal Tribunal for Yugoslavia (ICTY)2 and the International Criminal Tribunal for Rwanda (ICTR)3 also confer upon the two ad hoc Tribunals jurisdiction over attempt to commit genocide. Despite the presence of these provisions in these key instruments, however, the offence is burdened by theoretical confusion. The basic dilemma...
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