The 1948 Convention on the Prevention and Punishment of the Crime of Genocide: Forty-Five Years Later
![handle is hein.journals/tclj8 and id is 7 raw text is: THE 1948 CONVENTION ON THE PREVENTION AND
PUNISHMENT OF THE CRIME OF GENOCIDE:
FORTY-FIVE YEARS LATER
Matthew Lippmant
On December 11, 1948, the United Nations (U.N.) adopted the fledgling
organization's first major human rights instrument - the International Con-
vention on the Prevention and Punishment of the Crime of Genocide (Geno-
cide Convention).' The preamble affirms that genocide is a crime under
international law, contrary to the spirit and aims of the United Nations and
condemned by the civilized world.'2 Mindful that acts of genocide have in-
flicted great losses on humanity, the preamble proclaims that international
co-operation is required to liberate mankind from such an odious
scourge.'3
The Genocide Convention, to a great extent, was a reaction to the bar-
barities inflicted by the Third Reich. It served as a symbolic affirmation that
genocide would no longer be condoned or countenanced. It also was antici-
pated that the pioneering principles proclaimed in the United Nations Char-
ter would provide an antidote to the dreadful disease of genocide.4
As we mark the Genocide Convention's forty-fifth anniversary, it is both
sad and sobering that the world is witnessing a resurgence of mass repression.
The Genocide Convention no longer may be regarded as a residue of the
post-World War II era which retains little contemporary relevance. Unfortu-
nately, recent events show that genocide is of continuing concern.5
The Genocide Convention's forty-fifth anniversary provides an opportu-
nity to clarify its rather ambiguous and frequently misunderstood provisions
and to review required reforms. This also will illuminate important issues in
the enforcement and protection of human rights. Initially, the Convention's
t Professor, Department of Criminal Justice, University of Illinois at Chicago; Ph.D.,
Northwestern University, 1975; J.D., American University, 1977; L.L.M., Harvard University,
1984. A portion of the research for this article was undertaken during the author's service as of
counsel for Bosnia and Hercegovina in its suit against Yugoslavia (Serbia and Montenegro)
in the International Court of Justice. The essay is dedicated with abiding love and endless devo-
tion to Lidia Janus (June 8, 1958 - Jan. 24, 1991). Words fail - she always will remain our heart,
our soul, and our animating force.
1. International Convention on the Prevention and Punishment of the Crime of Genocide,
Dec. 9, 1948, 78 U.N.T.S. 277 [hereinafter Genocide Convention].
2. Id. pmbl.
3. Id.
4. See generally U.N. CHARTER arts. 1-2 (stating the purposes and principles of the U.N.).
5. See Case Concerning Application of the Convention on the Prevention and Punishment
of the Crime of Genocide (Bosnia and Herzegovina v. Yugo. (Serbia and Montenegro)), 1993
I.C.J. 1 (Apr. 8) (Request for the Indication of Provisional Measures).](ViewImageLocal?handle=hein.journals/tclj8&div=6&collection=&method=preview&ext=.png&size=3)
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The 1948 Convention on the Prevention and Punishment of the Crime of Genocide: Forty-Five Years Later
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