INTERNATIONAL LEGAL REGIMES ON THE CRIME OF GENOCIDE: PRESCIPTION FOR REINVIGORATION

Abstract

Humanity for ages was caught in a paradoxical epoch of self-destruction and reckless
impunity, occasioned by man, to man of same human family. This grave impunity
enjoyed and thrived on the wings of global ambivalence and tyranny of silence, as
there existed no unified regulatory regime for prohibition, prevention and sanction. At
the wake of a new era of awareness and globalization, the Convention for the
Prevention and Punishment for the Crime of Genocide, 1948 was adopted. This was
to put an end to reckless genocidal atrocities and sadistic fantacies of tyrannical
rulers. No instrument of law was ever heralded and celebrated like the Genocide
Convention. Pitiably however, the act of genocide became a reoccurring decimal for so
many reasons, amongst which is the inherent loopholes in the law of genocide itself.
These loopholes are the concern of this paper. Consequently, this paper examines the
international legal regime on genocide, with a bird‟s eye view on the principal treaty,
statutes of adhoc tribunals and statute of permanent international criminal court
(ICC). This is with a view of identifying loopholes in the laws and making prescription
for strengthening them. The paper observed that, the law only protects certain category
of persons. Political groups, social groups and trade groups were not protected. It
was also found that the law of genocide only emphasizes and envisages the happening
of genocide events. No any provision in the entire laws contemplates preventive
measures. The paper therefore, recommends that the laws of genocide should have a
broader protective shield, which provides for protection of all groups. The paper also
recommends that the laws of genocide should be invested with a legal teeth and fierce
legal claws to pursue genocide prevention, rather than waiting for the tumultuous
combat of curative measures.