The 1948 Convention on the Prevention and Punishment of the Crime of Genocide and its jus cogens nature

Abstract

This article analyzes the development of the legal concept of genocide as set forth in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, considering its recognition as a peremptory norm of general international law (jus cogens). The research problem consists of examining how the concept of genocide enshrined in the 1948 Convention developed in light of its historical formulation and its qualification as a jus cogens norm. The general objective is to analyze the legal concept of genocide provided for in the aforementioned Convention, considering its recognition as a mandatory norm. The specific objectives are to examine the legal and historical foundations for the characterization of genocide; analyze the recognition of the prohibition of genocide as jus cogens; and its legal consequences, and examine the practical limitations of state accountability in the contemporary international system. The methodology adopted is descriptive, based on bibliographic and documentary analysis of doctrinal works and international normative documents. It is concluded that, despite the imperative nature of the prohibition of genocide, structural limitations persist that affect the effectiveness of the prevention and repression of crime in International Law.