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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Genocide Tribunal

Payam Akhavan

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 08 December 2021

Genocide — International courts and tribunals, procedure — International criminal courts and tribunals, procedure

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

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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