Question
Writing a final paper can you please review my feedback and help me make sure it looks good? Here are the guidelines. The Final Paper
Writing a final paper can you please review my feedback and help me make sure it looks good? Here are the guidelines.
The Final Paper will be assessed in the following manner (Undergraduate):
Clarity, Structure and Organization: 25 points Substance and Analysis: 45 points Use of legal instruments/law: 20 points Mechanics (e.g., grammar, spelling, punctuation, citations, page length, timeliness): 10 points
Feedback
You have some good arguments/points, but make sure they tie back to your thesis. Providing a thorough explanation helps the reader clearly understand your position on the issue. Also, make sure you are providing a strong legal analysis incorporating the material you have learned during this course. Also, ensure you are discussing the specific human rights at issue.
Lastly, it is great to provide background information for context, but make sure you are not getting too far away from the topic of the paper and keep your topics organized so that it is easy for the reader to follow.
Please make sure you are proofing your paper when revising.
Reach out with any questions.
Paper by Nate Woods
Can we ever get to a point where we no longer have to worry about genocide? Can we find a way to end the mass killing and extermination of a race of people? Why, with all of the systems in place throughout the world, have we not been able to stop this from happening? What if the United Nations and the World Court could bring forth the end of genocide throughout the world? (Ochab, 2018)
Genocide, defined as acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group, poses a profound challenge to international peace and security. The United Nations (UN), the International Court of Justice (ICJ), and the International Criminal Court (ICC) are pivotal in the global endeavor to prevent and punish such crimes. However, their effectiveness hinges on robust collaboration with UN member states and international partners. This analysis delves into strategies for improving this cooperative framework to more effectively combat the crime of genocide.
First, what are some of the issues facing the International Court of Justice and the International Criminal Court to put an end to this atrocity? This is an extremely complex and multi-level challenge. that requires political, legal, geopolitical, and practical considerations upon being looked at. This requires multi-level and multi-group analysis as well as cooperation; this is easier said than done. Some of the issues that the United Nations (UN), the International Court of Justice (ICJ), and the International Criminal Court (ICC) have to face are sovereignty concerns, the dynamics of the Security Council, an extreme lack of enforcement mechanisms, and most importantly, jurisdiction issues.
The first of the main issues that we must face revolves around sovereignty. Every country has sovereignty over its people and the concerns of its endeavors. No country likes to have external intervention in the internal affairs of their country. If someone can tell you what you can and cannot do in your country, are you actually a sovereign country? This even goes for civil and human rights abuses.
The next issue that comes up is the United Nations Security Council and how the dynamics of multiple countries hold significant power over addressing international crises. And how the Security Council and its decisions are made based on the geopolitical interests of the members of the council and how it would affect their states and their state sovereignty. Due to this fact, it is very hard to reach a consensus on action on genocide.
The UN has a severe lack of enforcement mechanisms to use. In the United Nations Charter, there is a provision for limited mechanisms for enforcing decisions. A sovereign nation must decide to follow the implemented measures. Yes, the Security Council can authorize the use of force or imposed sanctions, but it is limited to the willingness of the members to follow these sanctions or force, as well as the veto power of the members of the Security Council. (Maizland et al., 2024)
What can they do to better enforce the law on genocide? Then enforcement of international law in regards to genocide will require a comprehensive approach. A comprehensive approach will involve a group effort of diplomatic, legal, and institutional measures. Here are some of the steps that need to be taken to improve the enforcement of laws against genocide. Universal Ratification and Implementation of the Genocide Convention. Advocating for the universal ratification and effective implementation of the UN Convention on the Prevention and Punishment of the Crime of Genocide. This includes incorporating its provisions into national legal systems and ensuring that states have the necessary legislation to prosecute individuals responsible for genocide.
Enhanced International Cooperation in Legal Prosecution: Facilitating international cooperation in the extradition and prosecution of individuals accused of genocide. This requires states to adhere to their commitments under international law and to cooperate with international courts and tribunals.
If we were able to enhance the effectiveness and better select those members represented in the Security Council, it would help to navigate any political obstacles that may come to light while trying to stop any intervention when it comes to genocide. Through the reform of the Security Council, we could put countries in that are there to help prevent genocide rather than because they are bigger or have more geopolitical sway. (Preventing Mass Atrocities: How Can the UN Security Council Do Better?, 2015)
Enhancing the capacity and effectiveness of institutions like the United Nations, particularly its Security Council, to respond promptly and decisively to situations where genocide is threatened or occurring. Providing adequate resources, personnel, and authority to relevant UN bodies and agencies tasked with conflict prevention, peacekeeping, and humanitarian assistance. We could strengthen the international institutions by making sure that they had the resources needed in institutions like the ICC. This would help ensure broader, more welcoming global participation. With more countries participating, it would help improve the investigation abilities of the ICC, which would lead to an international stoppage of genocide. If we can address the root causes of conflict through nations by promoting dialogue and putting resources into investing in conflict resolution mechanisms, this would help to stop conflicts before they escalate to the level of genocide. If we were to address people's political grievances by working with them to fix problems with possible medications by facilitating dialogue and reconciliation processes among conflicting parties to resolve grievances peacefully and prevent the escalation of violence and ethnic tensions through the enforcement of UN charters and covenants, Work to fix socioeconomic disparities through fair treatment and work areas to help those of lower economic standing. If we could find a way to enforce human rights and standards of living, we would put a stop to the competition for resources. (Conflict Prevention, Resolution, and Reconstruction, n.d.)
Encouraging collaboration among nations, regional organizations, and international bodies to address genocide collectively, sharing intelligence, resources, and expertise. Fostering collaboration among nations, regional organizations, and international bodies to coordinate efforts in preventing and responding to genocide. Sharing intelligence, expertise, and resources to effectively address complex and multifaceted conflicts that can escalate into genocide. (Office of Genocide Prevention, n.d.)
Punishment of those who are found guilty. What can we do for those who are found guilty now? Akayesu, the military leader of the Rwanda Genocide, is now, after years of sitting in prison, After April 18, with interim government leaders (those who planned and orchestrated the genocide), Following the meeting, Akayesu seemed to have calculated that his political and social future depended on joining the forces carrying out the genocide. Those who were part of the genocide are still free, while they allowed him to go to prison. The country's leaders are not. (Rwanda: The First Conviction for Genocide | Holocaust Encyclopedia, 2021)
Former Bosnian Serb leader Radovan Karadzic, sentenced to life for war crimes and genocide, will serve the remainder of his sentence in a UK prison. This is after he appealed after receiving a 40-year prison sentence. 40 years for genocide you get 40 years for killing thousands of people? (Bosnian Serb Ex-Leader Karadzic to Serve Genocide Term in UK Jail, 2021) Where is the government behind him? (Kari, 2021)
Why is the government that stands behind and allows this crime to happen not being punished? As long as the government is allowed to stand back, allow this to happen, and not be punished by only one person, why stop? After all, we can try them. We did with Hitler and the Nazis at the Nuremberg trials. We tried Hitler next in line, yet he killed himself. If Hitler had not killed himself, he would have been executed. (Nuremberg Trials, 2010)
If we cannot stop looking for our differences and only judging others by them, this crime can never end. The fact is, to be able to commit this heinous crime, you must look at someone as inferior, less than, or inhuman. When we allow our religion, race, sex, gender, or national origin to cause us to hate or see another as less, then we have failed as humans. We need to be the human race.
Genocide is a severe crime, and allegations or accusations of genocide are typically controversial and subject to international legal processes. It's important to note that determining whether genocide has occurred involves complex legal and factual assessments. As of my last knowledge update in January 2022, specific situations may have evolved, and new cases may have arisen. Additionally, legal determinations may be ongoing. Here are a few situations where genocide has been alleged or recognized since 1966:
Myanmar (Burma):
The Rohingya crisis has involved widespread allegations of genocide against the Rohingya Muslim minority in Myanmar. The situation has been widely condemned by the international community, and various entities, including the United Nations, have raised concerns about the treatment of the Rohingya population. (Myanmar Rohingya: What You Need to Know About the Crisis, 2020)
Bosnia and Herzegovina:
The Bosnian War (1992-1995) witnessed instances of genocide, particularly in the Srebrenica massacre of 1995. The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Court of Justice (ICJ) have made legal determinations related to genocide in Bosnia and Herzegovina.
Rwanda:
The Rwandan Genocide in 1994 resulted in the mass killing of Tutsi ethnic group members by the Hutu majority. The International Criminal Tribunal for Rwanda (ICTR) was established to prosecute those responsible for the genocide. (Rwandan Genocide, 2009)
Darfur, Sudan:
The conflict in Darfur, Sudan, has involved allegations of genocide. The International Criminal Court (ICC) issued an arrest warrant for Sudanese President Omar al-Bashir in 2009, charging him with war crimes, crimes against humanity, and genocide. (Darfur | Holocaust Encyclopedia, 2023)
To effectively combat, prevent, and punish the crime of genocide, a holistic strategy that encompasses international collaboration, legal reform, early intervention, education, and societal strengthening is essential. This approach involves enhancing the capacities of the United Nations (UN), the International Court of Justice (ICJ), and the International Criminal Court (ICC) to foresee, prevent, and respond to genocidal acts through improved early warning systems, the universal implementation of legal frameworks like the Genocide Convention and the Rome Statute, and the development of national judicial capabilities. It also necessitates fostering political will and global cooperation for the prosecution of perpetrators, supporting inclusive governance, and promoting economic and social development to address underlying tensions. Additionally, the international community must prioritize peacekeeping, support civil society and human rights defenders, and ensure that perpetrators are held accountable through mechanisms such as international tribunals, national courts exercising universal jurisdiction, targeted sanctions, and reparations programs. These concerted efforts are crucial for the prevention of genocide and the achievement of justice for victims.
With this, I close. We, as a human race, belong to all mankind. We need to work together to stop this senseless act. If we can all see that we benefit from the end of this crime as humans, we will be better off. One day, I hope that the only time we hear of these atrocious crimes is in the history book or history class. We, as one world, will no longer stand for this to happen to any group of people.
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