New York, 9 December 1948
Objectives
The Convention, a major pillar in the evolving framework of international
humanitarian rules, declares genocide a crime under international law. It
condemns genocide, whether committed in time of peace or in time of war, and
provides a definition of this crime. Moreover, the prescribed punishment is not
subject to the limitations of time and place.
Key Provisions
The Convention defines genocide as any of a number of acts committed with the
intent to destroy, in whole or in part, a national, ethnic, racial or religious
group: killing members of the group; causing serious bodily or mental harm to
members of the group; deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or in part; imposing
measures intended to prevent births within the group, and forcibly transferring
children of the group to another group.
The Convention also declares that there shall be no immunity. Persons committing
this crime shall be punished, whether they are constitutionally responsible
rulers, public officials or private individuals.
Furthermore, the Convention stipulates that persons charged with genocide shall
be tried by a competent tribunal of the State in the territory in which the act
was committed or by such international penal tribunal as may have jurisdiction
with respect to the Contracting Parties. The crime of genocide is a justiciable
offence under the Rome Statute of the International Criminal Court (17 July
1998, not yet in force).
Likewise, genocide shall not be considered as a political crime for the purpose
of extradition. In such cases, Contracting Parties pledge themselves to grant
extradition.
Unlike other human rights treaties, the Genocide Convention does not establish a
specific monitoring body or expert committee. It stipulates that any Contracting
Party may call upon the competent organs of the United Nations to take such
action under the United Nations Charter, which they consider appropriate for the
prevention and suppression of acts of genocide. Thus, the matter may be brought
before the International Court of Justice which may order interim measures of
protection. At present, one such case is pending before the International Court
of Justice.