Azhar Khan | Legal Studies | GENOCIDEWHAT NEEDS TO BE CHANGED
1.0 INTRODUCTIONGood morning/afternoon ladies and gentlemen, it’s a pleasure speaking to you all today I would like to acknowledge the presence of Julie Bishop head of the department of foreign affairs and trade and any other ministers here today. There has been a recent influx of arguments around the world on how genocide is portrayed in today’s society. It is probably described as the worst kind of violations tobe committed. The prevention of such unlawful attacks is governed by an international community and throughout history, it has resulted in an exploding social and political war on the international laws of genocide and the department of foreign affairs. With-in recent years the international criminal court (ICC) and the United Nations have made efforts into the prevention of genocide. However, they stand to face challenges whilst trying to bring justice to victims as the definition for genocide limits the likelihood of completing a successful trial. Altering the definition of genocide will not only adhere to a wide majority of stakeholders but also provide an adequate and fair justice system. Thus, to purposely reform a law within the Genocide definition with help from the Department of Foreign Affairs will conclusively help protect those in need of protecting.2.0 BACKGROUNDThe word genocide exists because of a man named Raphael Lemkin, a polish-Jewish lawyer who fled the Nazi occupation. Lemkin came up with a term to describe Nazi crimes against the European Jews during World War 2. In 1944 he coined the term “genocide” by combining ‘genos’ a Greek word for (race or tribe) and ‘cide’ (to kill)[His09]. It was not long after World War 2 when the United Nations had an aim to establish a convention to prevent the reoccurrence of the Holocaust. A vote was carried out and passed through the United Nations to create the UN convention on the prevention and punishment of the crime of Genocide (1948). Endorsed by 149 other states, the convention aimed to criminalize acts committed with the intent to harm. The legal definition for the crime Genocide as contained in article 2 of the Genocide convention means any of the following acts are committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group including:a)Killing members of the groupb)causing serious bodily or mental harm to members of the groupc)Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in partPAGE 2
d)Imposing measures intended to prevent births within the group;e)Forcibly transferring children of the group to another group.
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- Payne Smith
- United Nations