Please enable JavaScript.

Coggle requires JavaScript to display documents.

INTERNATIONAL CRIMINAL LAW, International Prosecution of Genocide,…

- - - - Article 38(1) of the 1946 Statute of the International Court of Justice :
        
        Treaties
        
        The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) : :fountain_pen:
        
        General Principles of Law (and as a subsidiary measure judicial decisions and the most highly qualified juristic writings)
        
        Customary international Law
  - - - Legal instrument resulting from a diplomatic compromised
      - international legal credibility that others lack and been postulated
      - CPPCG Legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979–1982 argues that the international definition of genocide is too restricted
    - - Lack of a preponderance of power
        
        Absolutely necessary for a collective security system to work; otherwise there would be no effective deterrence toward states taking actions in violate international norms
      - Lack of interest for a country to respond to genocide
        
        A country have ability to respond genocide,but the interest of the country may be based on the political will of the leaders, the domestic support of the country, or the strategicinterest/importance of the country for the international system
    - - Veto Power
        
        create a big impediment to collective action, particularly when the major powers do not support a
        reaction to genocide when it is occurring and do not see the benefits in bearing the costs
      - The Lack of Enforcement Mechanisms
        
        Without an enforcement clause attached to the Genocide Convention, there is no punishment for states that fail to uphold the obligations outlined in the Convention