Genocide as Crime under International Law and US Law
The term “genocide” was used as a legal term for an internationally recognized crime following the Holocaust. A formal agreement known as the Convention on the Prevention and Punishment of the Crime of Genocide was accepted by the UN on December 9, 1948. Thanks in large part to Raphael Lemkin’s diligent work, this convention was adopted. It was signed by more than 65 UN members by the end of the 1950s. 153 states have ratified the agreement as of April 2022, which means they have committed to abide by its provisions.
Genocide was declared an international crime by the agreement. This implies that all states, including those that have not joined the convention, are bound by the legislation prohibiting the commission of genocide. One of the convention’s main responsibilities was to prevent genocide. It is still a problem that nations, organizations, and people must deal with. According to the International Court of Justice, there can be no exceptions to the rule that genocide is prohibited under international law.
Although the US hasn’t passed legislation expressly prohibiting genocide, it does recognize and prosecute the crime under other pertinent laws. Being a signatory to the Genocide Convention, the US is required to follow its rules. Under 18 U.S.C. § 2709, crimes against humanity, which can include some characteristics of genocide, are prosecutable in US courts. Additionally, the US can take part in global initiatives to combat genocide, such as those run by the International Criminal Court (ICC).
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