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College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082
Researchers in the field of law

The international responsibility arising from the failure to prevent the crime of genocide

M.M. Noor Majid Awad

Abstract

Genocide is considered the gravest crime in the history of humanity, as it does not target a single individual, but rather seeks to erase the existence of an entire human group. The global conscience, shocked by the atrocities of the wars of the twentieth century, realized that criminalizing the act after its occurrence is not sufficient to protect humanity. Hence emerged the importance of the “international obligation to prevent” as a legal duty that precedes the occurrence of the catastrophe. The obligation to prevent genocide is not merely a moral principle, but a peremptory rule firmly established at the core of public international law and the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This study seeks to shed light on the legal framework of this obligation, beginning with its definition and legal foundations in the first section, and extending to the consequences of failure to fulfill it and the mechanisms for establishing international responsibility in the second section. We are dealing with a precise analysis of the dual responsibility arising from failure to prevent genocide: the responsibility of the state as an international legal person, and the responsibility of individual leaders as perpetrators who neglected their duty. Research on this subject is of utmost importance in light of the armed conflicts and major political transformations the world is currently experiencing, where there is an increasing need to activate international judicial accountability mechanisms to ensure that the obligation to prevent does not remain merely ink on paper.

الكلمات المفتاحية: International responsibility, obligation to prevent, international protection of human rights, prevention of genocide.

اقرأ البحث

تحميل المسؤولية الدولية الناشئة عن الفشل في منع جرائم الإبادة الجماعية (Arabic)

معلومات النشر

كيفية الاقتباس

M.M. Noor Majid Awad. "The international responsibility arising from the failure to prevent the crime of genocide ". College of Law, Sumer University, %2026.