Jump to ContentJump to Main Navigation
The Birth of the New JusticeThe Internationalization of Crime and Punishment, 1919-1950$
Users without a subscription are not able to see the full content.

Mark Lewis

Print publication date: 2014

Print ISBN-13: 9780199660285

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199660285.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 April 2020

The Genocide Convention: The Gutting of Preventative Measures, 1946–48

The Genocide Convention: The Gutting of Preventative Measures, 1946–48

Chapter:
(p.181) 7 The Genocide Convention: The Gutting of Preventative Measures, 1946–48
Source:
The Birth of the New Justice
Author(s):

Mark A. Lewis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199660285.003.0008

The creation of the U.N. Genocide Convention in 1946–48 was a response to gaps in the Nuremberg Judgment, as well as a way of combining minorities protection from the 1920s with criminological jurists’ ideas about using prosecution as a means of enforcement. The main drafters of the Genocide Convention—Polish jurist Raphael Lemkin, French jurist Henri Donnedieu de Vabres, and Romanian jurist Vespasien Pella—had all participated in the interwar movement to reform the laws of extradition and draw up new international criminal laws to ensure international security. However, while Lemkin and various non-governmental organizations lobbied for the convention, government negotiators made major changes to weaken the efficacy of the convention. Lemkin and his allies approved these changes, taking the position that passing a convention was better than nothing. However, the governments’ political priorities ultimately created a convention that did not require a permanent international criminal court for prosecution and did not contain specific guidelines for how the U.N. Security Council should conduct a genocide investigation. When the convention was completed in 1948, jurists expressed considerable skepticism about whether it could actually deter the crime.

Keywords:   United Nations Convention on the Prevention and Punishment of Genocide, Raphael Lemkin, Vespasien Pella, Henri Donnedieu de Vabres, United Nations Commission on Human Rights, International Military Tribunal, Nuremberg, International Law Commission, Platon Morozov, John Maktos

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .