Question
INTERNATIONAL LAW Jamimah, a State in Eastern Africa acceded to the UN General Assembly,Convention on the Prevention and Punishment of Genocide (Genocide Convention) of 1948.
INTERNATIONAL LAW
Jamimah, a State in Eastern Africa acceded to the UN General Assembly,Convention on the Prevention and Punishment of Genocide (Genocide Convention) of 1948. Some of the major obligations that are placed on the State parties include, not to commit genocide and to punish those who commit genocide.
However, soon after a contested 'tribal-based' general elections, the majority party in Jamimah's main political party Zad Patriots (who are Tazi tribe), started killing in numbers their political opponents, the Aluta for Change who are mainly (the Lazi tribe). More than a million Lazi tribe members were killed, and this raised a lot of discontents internationally.
Jamimah's acceded to the Convention subject to a reservation that 'those political parties that show some inclination with hostile nations have a potential of regime change agendas' may be required, should it be deemed to be in the national interest.
Required:You are required to evaluate the status of genocide and reservations to treaties in your answer. In your answer you must specifically deal with the following issues under separate headings:
- Does genocide qualify as ajus cogen, PLEASE explain your answer
- Provide at least three examples of jus cogens and the respective treaties that govern such jus cogens, excluding genocide, of recognised jus cogens norms.
- What is a reservation to a treaty and why are reservations possible? Evaluate the difference between permissible reservations, incompatible and impermissible reservations. Refer to relevant treaty law, case law and/or advisory opinions and other applicable authority in your answer.
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