India ratified the Geneva Convention in 1950, becoming the 5th country in the World and the first country in the region to adopt and implement legislation for the 1949 Conventions. Later, acceded to the Genocide Convention in 1951.
What is the Genocide Convention?
The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is an instrument of international law that codified for the first time the crime of genocide. Its preamble recognizes that “at all periods of history genocide has inflicted great losses on humanity” and that international cooperation is required to “liberate humankind from such an odious scourge”. According to the Convention, genocide is a crime that can take place both in time of war as well as in time of peace.
The definition contained in Article II of the Convention describes genocide as a crime committed with the intent to destroy a national, ethnic, racial or religious group, in whole or in part. It does not include political groups or so called “cultural genocide”. This definition was the result of a negotiating process and reflects the compromise reached among United Nations Member States while drafting the Convention in 1948. Importantly, the Convention establishes a duty on State Parties to take measures to prevent and to punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals” (Article IV).
Why is the Genocide Convention important?
The adoption of the Genocide Convention marked a crucial step towards the development of international human rights and international criminal law as we know it today. It was the first human rights treaty to be adopted by the General Assembly of the United Nations and signified the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War.
Inspite of superficially accepting all humane international treaties and conventions the implementation at its domain is appallingly controversial. The recent Oting incident says it all, what will be there alibis, some we have heard yet we expect more imaginary prowess. Thousand more such irremissible incidents are etched in our hearts and mind and never can be erased in any form. Nagas will ever remember what Mr. Nehru said, “I will never allow the Nagas to be independent even if heaven falls into pieces and rivers run red with blood.” it is but an uncultured and coerce statement unexpectedly from such and imminent personality. AFSPA is undemocratic therefore unconstitutional, dubious with an intent to annihilate those who seek their rights.
Repeal AFSPA!
Kuknalim
Azh M, Dimapur, Nagaland, muivaha9@gmail.com
Leave a Reply