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Full-Text Articles in Law

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer Dec 2018

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer

Genocide Studies and Prevention: An International Journal

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …


New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard Dec 2018

New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard

Genocide Studies and Prevention: An International Journal

Why did the international community decide to withdraw United Nations peacekeeping troops from Rwanda during the 1994 genocide? Analysis of newly released documents and results from an international conference with former U.N. and government officials sheds further light on our understanding of what took place leading up to and during the Rwandan genocide. This article focuses on two key moments: 1) the United States’ reluctance to support the peacekeeping mission from before its mandate began and prior to the killing of U.S. troops in Somalia in autumn 1993; and the United States’ central role pushing the United Nations Security Council …


Neutrality: A Tool Or A Limit For Preventing Mass Atrocitiy Crimes And Genocide? The Case Of Switzerland, Giulia Persoz Mar 2018

Neutrality: A Tool Or A Limit For Preventing Mass Atrocitiy Crimes And Genocide? The Case Of Switzerland, Giulia Persoz

Genocide Studies and Prevention: An International Journal

The present article aims to confront the Swiss practice regarding the prevention of genocide and mass atrocities in Swiss foreign policy and its particularities shaping its international relations. Neutrality, a core part of Switzerland's identity on both the internal political level and the international level, will be at the center of our analysis. Indeed, how can a country engage in prevention activities while keeping its neutral status? How does neutrality influence these activities throughout times? What foreseeable impact could neutrality have on them? To answer these questions, the article will be divided as follow: the first part will be an …