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The Reality of International LawEssays in Honour of Ian Brownlie$
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Guy S. Goodwin-Gill and Stefan Talmon

Print publication date: 1999

Print ISBN-13: 9780198268376

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198268376.001.0001

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State Responsibility and the 1948 Genocide Convention

State Responsibility and the 1948 Genocide Convention

Chapter:
(p.273) Chapter 12 State Responsibility and the 1948 Genocide Convention
Source:
The Reality of International Law
Author(s):

Nina Jørgenson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268376.003.0012

This chapter examines state responsibility in relation to the 1948 Genocide Convention. It suggests that the travaux preparatoires of the convention indicate a certain amount of confusion among the drafters, who were keen to reflect the popular spirit of the age but were hampered by the conservatism of states. It concludes that it is arguable that Article IX was deliberately left ambiguous as the question of state responsibility was so difficult to settle.

Keywords:   Genocide Convention, state responsibility, conservatism, travaux preparatoires, international law

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