Where is R2P grounded in international law? Anne-Marie Judson A ...

This convention seeks to ensure that equal rights are given across the board. Last all
Conventions and Statutes that have been mentioned demonstrate the ways in which
ethnic cleansing is different from genocide, crimes against humanity and war crimes
in that it is racially distinctive based on the identity of the person.
THE CRIME OF GENOCIDE
The Convention on the Prevention and Punishment of the Crime of Genocide (1948) is the most
extensive convention on genocide. Genocide constitutes of any of the following acts
committed with the intent to destroy, in whole or in part, a national, ethnic, racial or
religious group. This includes killing members of the group, causing serious bodily or
mental harm, deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction, imposing measures intended to prevent births and/or
forcibly transferring children of the group to another group. 223 On signing the
convention all signatories recognised that genocide whether committed in times of
peace or in war is a crime under international law that all signatories will undertake to
prevent and punish. 224 This convention is considered customary law, even though
there are currently only 141 signatories.
The preamble outlines that genocide is a crime under international law and is
contrary to the spirit and aims of the United Nations. The signatories agree that in
order to liberate mankind, international co-operation is required. This is consistent
with paragraph 139 of the World Summit outcome whereby the member states
agreed to take collective action in a timely and decisive manner, reinforcing the
urgency and customary nature of this convention in relation to R2P and the crime of
genocide. The actions of genocide are set out in Article III that includes genocide,
conspiracy to commit genocide, direct and public incitement to commit genocide,
attempt to commit genocide and complicity in genocide and no person is protected
from crimes committed in this convention. Article IV states that this convention
applies to rulers, public officials or private individuals and for enforcement measures.
Article V provides for the duties or the responsibilities of the state in relation to
prevention. It declares that signatories undertake to enact the necessary legislation to
223 United Nations. (1948). The Convention on the Prevention and Punishment of the Crime of
Genocide. New York, paragraph 1, verified copy, page 3, see also Article 2 (ii)
224 Article 1 (1)
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