This document provides an overview of international law and the Genocide Convention. It discusses the history of international law from the Peace of Westphalia to the establishment of the UN. Key norms discussed include sovereignty, non-intervention, non-use of force, and human rights protections. The document examines sources of international law and key principles of the UN Charter, including the purposes of the UN and rules regarding the use of force. It also summarizes the Genocide Convention and states that prevention of genocide is a duty of states under international law.

1. International Law and theInternational Law and the
Genocide ConventionGenocide Convention
Third Professional Training Program onThird Professional Training Program on
the Prevention of Mass Atrocitiesthe Prevention of Mass Atrocities
OttawaOttawa
16 June 201516 June 2015
Professor John PackerProfessor John Packer
Director, Human Rights Research & Education CentreDirector, Human Rights Research & Education Centre
University of OttawaUniversity of Ottawa

2. HistoryHistory
 Peace of Westphalia (1648)Peace of Westphalia (1648)
– Sovereign equality (of Princes)Sovereign equality (of Princes)
– Accommodation of religious communitiesAccommodation of religious communities
 National sovereignty (19National sovereignty (19thth
century)century)
 Nationalities principle (early 20Nationalities principle (early 20thth
century)century)
 National self-determination (post WW I)National self-determination (post WW I)
– ““National minorities” protection regime ... limited / selectiveNational minorities” protection regime ... limited / selective
– Protection of injured, sick and civilians in time of warProtection of injured, sick and civilians in time of war
 Protection of humanProtection of human rightsrights (post WW II)(post WW II)
 [Protection of minorities and civilians post Cold[Protection of minorities and civilians post Cold
War]War]

3. Pre-1945 LogicPre-1945 Logic
Westphalia’s “billiard balls”Westphalia’s “billiard balls”
[between STATES][between STATES]

4. Post-1945 LogicPost-1945 Logic
Equally sovereign StatesEqually sovereign States
comprisingcomprising
Equal human beingsEqual human beings
guaranteedguaranteed
Equal “human rights”Equal “human rights”

5. Key Norms andKey Norms and
StandardsStandards
Between StatesBetween States
1. Principle of Sovereign Equality1. Principle of Sovereign Equality
2. Principle of Non-Intervention2. Principle of Non-Intervention
3. Principle of Non-Use of Force3. Principle of Non-Use of Force
4. Principle of Collective Security4. Principle of Collective Security
5. Principle of Cooperation5. Principle of Cooperation
Within the StateWithin the State
1. “All human beings are born1. “All human beings are born
free and equal in dignity andfree and equal in dignity and
rights.”rights.”
(Article 1 UDHR)(Article 1 UDHR)
2. Principle of Non-Discrimination2. Principle of Non-Discrimination
(UN Charter etc.)(UN Charter etc.)
3. Principle of Equality3. Principle of Equality
(UN Charter etc.)(UN Charter etc.)
4. Principle of Development4. Principle of Development

6. Definition of the StateDefinition of the State
See: Montevideo Convention on the Rights and Duties of States (1933)See: Montevideo Convention on the Rights and Duties of States (1933)
Article 1Article 1
The state as a person of international law should possessThe state as a person of international law should possess
the following qualifications:the following qualifications:
a.a. a permanent population;a permanent population;
b.b. a defined territory;a defined territory;
c.c. government; andgovernment; and
d.d. capacity to enter into relations with the other states.capacity to enter into relations with the other states.
Article 2Article 2
The federal state shall constitute a sole person in the eyes ofThe federal state shall constitute a sole person in the eyes of
international law.international law.

7. The ConstitutionalThe Constitutional
Character of the UNCharacter of the UN
CharterCharter
 Sovereignty = Exclusive JurisdictionSovereignty = Exclusive Jurisdiction
 UN Charter as a Constraining TreatyUN Charter as a Constraining Treaty
 Consent and Persistent ObjectionConsent and Persistent Objection
 Objects and Purposes of the CharterObjects and Purposes of the Charter
 Limits on the Use of ForceLimits on the Use of Force
 Duties to CooperateDuties to Cooperate
 Hierarchy of International LawHierarchy of International Law

8. Sources ofSources of
International LawInternational Law
STATUTE OF THE INTERNATIONAL COURT OF JUSTICE (UNSTATUTE OF THE INTERNATIONAL COURT OF JUSTICE (UN
Charter)Charter)
Article 38Article 38
1. The Court, whose function is to decide in accordance with1. The Court, whose function is to decide in accordance with
international law such disputes as are submitted to it, shall apply:international law such disputes as are submitted to it, shall apply:
a.a. international conventionsinternational conventions , whether general or particular,, whether general or particular,
establishing rules expressly recognized by the contesting states;establishing rules expressly recognized by the contesting states;
b.b. international custominternational custom , as evidence of a general practice, as evidence of a general practice
accepted as law;accepted as law;
c. thec. the general principles of lawgeneral principles of law recognized by civilized nations;recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and thed. subject to the provisions of Article 59, judicial decisions and the
teachings of the most highly qualified publicists of the variousteachings of the most highly qualified publicists of the various
nations, asnations, as subsidiary meanssubsidiary means for the determination of rules of law.for the determination of rules of law.
2. This provision shall not prejudice the power of the Court to decide a2. This provision shall not prejudice the power of the Court to decide a
casecase ex aequo et bonoex aequo et bono, if the parties agree thereto., if the parties agree thereto.

9. Purposes of the UNPurposes of the UN
CharterCharter
Article 1Article 1
The Purposes of the United Nations are:The Purposes of the United Nations are:
1. To1. To maintain international peace and securitymaintain international peace and security , and to that end: to take, and to that end: to take
effective collective measures for the prevention and removal of threats to theeffective collective measures for the prevention and removal of threats to the
peace, and for the suppression of acts of aggression or other breaches of thepeace, and for the suppression of acts of aggression or other breaches of the
peace, and to bring about by peaceful means, and in conformity with the principlespeace, and to bring about by peaceful means, and in conformity with the principles
of justice and international law, adjustment or settlement of international disputesof justice and international law, adjustment or settlement of international disputes
or situations which might lead to a breach of the peace;or situations which might lead to a breach of the peace;
2. To2. To develop friendly relationsdevelop friendly relations among nations based on respect for theamong nations based on respect for the
principle of equal rights and self-determination of peoples, and to take otherprinciple of equal rights and self-determination of peoples, and to take other
appropriate measures to strengthen universal peace;appropriate measures to strengthen universal peace;
3. To3. To achieve international co-operationachieve international co-operation in solving international problems ofin solving international problems of
an economic, social, cultural, or humanitarian character, and in promoting andan economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all withoutencouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion; anddistinction as to race, sex, language, or religion; and
4. To be4. To be a centre for harmonizing the actions of nationsa centre for harmonizing the actions of nations in the attainmentin the attainment
of these common ends.of these common ends.

10. Non-Use of ForceNon-Use of Force
CHAPTER VI: PACIFIC SETTLEMENT OFCHAPTER VI: PACIFIC SETTLEMENT OF
DISPUTESDISPUTES
Article 33Article 33
1. The parties to any dispute, the continuance of which is likely1. The parties to any dispute, the continuance of which is likely
to endanger the maintenance of international peace andto endanger the maintenance of international peace and
security, shall, first of all, seek a solution by negotiation,security, shall, first of all, seek a solution by negotiation,
enquiry, mediation, conciliation, arbitration, judicial settlement,enquiry, mediation, conciliation, arbitration, judicial settlement,
resort to regional agencies or arrangements, or other peacefulresort to regional agencies or arrangements, or other peaceful
means of their own choice.means of their own choice.
2. The Security Council shall, when it deems necessary, call2. The Security Council shall, when it deems necessary, call
upon the parties to settle their dispute by such means.upon the parties to settle their dispute by such means.

11. Use of Force - IUse of Force - I
CHAPTER VII: ACTION WITH RESPECT TO THREATSCHAPTER VII: ACTION WITH RESPECT TO THREATS
TO THE PEACE, BREACHES OF THE PEACE, ANDTO THE PEACE, BREACHES OF THE PEACE, AND
ACTS OF AGGRESSIONACTS OF AGGRESSION
Article 39Article 39
The Security Council shall determine the existenceThe Security Council shall determine the existence
of any threat to the peace, breach of the peace, orof any threat to the peace, breach of the peace, or act ofact of
aggression and shall make recommendations,aggression and shall make recommendations, oror
decide what measures shall be taken indecide what measures shall be taken in accordanceaccordance
with Articles 41 and 42, to maintain orwith Articles 41 and 42, to maintain or restorerestore
international peace and security.international peace and security.

12. Use of Force - IIUse of Force - II
Article 51Article 51
Nothing in the present Charter shall impair the inherentNothing in the present Charter shall impair the inherent
right of individual or collectiveright of individual or collective self-defenceself-defence if an armedif an armed
attack occurs against a Member of the United Nations, untilattack occurs against a Member of the United Nations, until
the Security Council has taken measures necessary tothe Security Council has taken measures necessary to
maintain international peace and security. Measures takenmaintain international peace and security. Measures taken
by Members in the exercise of this right of self-defenceby Members in the exercise of this right of self-defence
shall be immediately reported to the Security Council andshall be immediately reported to the Security Council and
shall not in any way affect the authority and responsibilityshall not in any way affect the authority and responsibility
of the Security Council under the present Charter to take atof the Security Council under the present Charter to take at
any time such action as it deems necessary in order toany time such action as it deems necessary in order to
maintain or restore international peace and security.maintain or restore international peace and security.

13. Use of Force - IIIUse of Force - III
CHAPTER VIII: REGIONAL ARRANGEMENTSCHAPTER VIII: REGIONAL ARRANGEMENTS
Article 52Article 52
1. Nothing in the present Charter the existence of regional1. Nothing in the present Charter the existence of regional
arrangements or agencies for dealing with such mattersarrangements or agencies for dealing with such matters
relating to the maintenance of international peace andrelating to the maintenance of international peace and
security as are appropriate for regional action, provided thatsecurity as are appropriate for regional action, provided that
such arrangements or agencies and their activities aresuch arrangements or agencies and their activities are
consistent with the Purposes and Principles of theconsistent with the Purposes and Principles of the
United NationsUnited Nations..

14. Individual under ILIndividual under IL
Subjects of protectionSubjects of protection
- Diplomatic Law- Diplomatic Law
- Humanitarian Law- Humanitarian Law
- Certain minorities (NB religious)- Certain minorities (NB religious)
- Human Rights (including refugees)- Human Rights (including refugees)
- Private interests (trade, adoption…)- Private interests (trade, adoption…)

15. State ResponsibilityState Responsibility
- Cf. Definition of the StateCf. Definition of the State
- Good FaithGood Faith
- AgencyAgency
- Illicit ActsIllicit Acts
- InjuryInjury
- ReparationReparation
- Restitution, Indemnification, SatisfactionRestitution, Indemnification, Satisfaction

16. Individual ResponsibilityIndividual Responsibility
- Respect the Law- Respect the Law
- International Criminal Law- International Criminal Law
- Piracy- Piracy
- War Crimes- War Crimes
- Genocide- Genocide
- Against Humanity- Against Humanity

17. Hierarchy of IL?Hierarchy of IL?
See: Vienna Convention on the Law ofSee: Vienna Convention on the Law of
Treaties (1969)Treaties (1969)
-Pacta sunt servandaPacta sunt servanda = good faith= good faith
performance (Article 26)performance (Article 26)
-Priority of general IL (Article 43)Priority of general IL (Article 43)
-More specific lawMore specific law
-Subsequent lawSubsequent law

18. ““Mass Atrocities”Mass Atrocities”
= short-hand for= short-hand for
-GenocideGenocide
-Crimes Against HumanityCrimes Against Humanity
-War CrimesWar Crimes
-““Ethnic Cleansing” (2005 Outcome Doc.)Ethnic Cleansing” (2005 Outcome Doc.)
[Q. What is the threshold of “mass”?][Q. What is the threshold of “mass”?]

19. 1948 Convention on the1948 Convention on the
Prevention and Punishment ofPrevention and Punishment of
the Crime of Genocidethe Crime of Genocide
Article 2Article 2
““In the present Convention, genocide means any of the following actsIn the present Convention, genocide means any of the following acts
committed with intent to destroy, in whole or in part, a national,committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group, as such:ethnical, racial or religious group, as such:
(a) Killing members of the group;(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to(c) Deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part;bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.”(e) Forcibly transferring children of the group to another group.”

20. 1948 Convention on the1948 Convention on the
Prevention and Punishment ofPrevention and Punishment of
the Crime of Genocidethe Crime of Genocide
Article 3Article 3
““The following acts shall be punishable:The following acts shall be punishable:
(a) Genocide;(a) Genocide;
(b) Conspiracy to commit genocide;(b) Conspiracy to commit genocide;
(c) Direct and public incitement to(c) Direct and public incitement to
commit genocide;commit genocide;
(d) Attempt to commit genocide;(d) Attempt to commit genocide;
(e) Complicity in genocide.”(e) Complicity in genocide.”

21. Prevention?Prevention?
A duty of States. [Q.: Source of IL?]A duty of States. [Q.: Source of IL?]
UN Special Adviser to the Secretary-UN Special Adviser to the Secretary-
General on the Prevention of GenocideGeneral on the Prevention of Genocide
Cf “Framework of Analysis for MassCf “Framework of Analysis for Mass
Atrocity Crimes” (2014)Atrocity Crimes” (2014)