The United States And The Genocide Convention

THE UNCG is a complicated piece of international law. This book, authored by two experts on the topic of genocide, enables readers to more accurately analyze these horrific events.

How both the Soviet Union and the United States manipulated and weakened the drafting of the United Nations Genocide Convention treaty in the midst of the Cold War.

In this definitive study, Lawrence J. LeBlanc examines the nearly forty-year struggle over ratification of the Genocide Convention by the United States. LeBlanc's analysis of the history of the convention and the issues and problems surrounding its ratification sheds important light on the process of treaty ratification in the United States and on the role of American public opinion and political culture in international human rights legislation. Drawing on case studies of genocide committed since World War II, the author also confronts the strengths and weaknesses of international adjudication as a whole. Adopted by the United Nations General Assembly in 1948 in response to the atrocities committed by the Nazis before and during World War II, the Genocide Convention was finally made law by the United States Senate in 1988 contingent upon a series of "conditions"--known as the "Lugar-Helms-Hatch Sovereignty Package"--which, LeBlanc suggests, markedly weakened the convention. Through careful analysis of the bitter debates over ratification, LeBlanc demonstrates that much of the opposition to the convention sprang from fears that it would be used domestically as a tool by groups such as blacks and Native Americans who might hold the U.S. accountable for genocide in matters of race relations.

Genocide is acknowledged as 'the crime of crimes'. This book is the product of an encounter between scholars of historical and legal disciplines which have joined forces to address the question of whether the legal concept of genocide still corresponds with the historical and social perception of the phenomenon.

The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future. "

This book critiques the dominant physical and biological interpretation of the Genocide Convention and argues that the idea of "culture" is central to properly understanding the crime of genocide. Using Raphael Lemkin’s personal papers, archival materials from the State Department and the UN, as well as the mid-century secondary literature, it situates the convention in the longstanding debate between Enlightenment notions of universality and individualism, and Romantic notions of particularism and holism. The author conducts a thorough review of the treaty and its preparatory work to show that the drafters brought strong culturalist ideas to the debate and that Lemkin’s ideas were held widely in the immediate postwar period. Reconstructing the mid-century conversation on genocide and situating it in the much broader mid-century discourse on justice and society he demonstrates that culture is not a distraction to be read out of the Genocide Convention; it is the very reason it exists. This volume poses a forceful challenge to the materialist interpretation and calls into question decades of international case law. It will be of interest to scholars of genocide, human rights, international law, the history of international law and human rights, and treaty interpretation.