The Interaction between Contractual Prohibition of Genocide and Jus Cogens of Prohibition of Genocide



Undesirable consequences of inadequacies of the Convention on the Prevention and Punishment of the Crime of Genocide which, on one hand, is more the result of historical revolutions and emergence of jus cogens of genocide prohibition, and on other hand, impunity of genocide perpetrators which is the direct result of weaknesses of genocide convention which ultimately led to promotion of doubts and claims as to contractual prohibition of genocide. Moreover, it led to raising claims by some for the nullification of genocide convention for its conflict with existing jus cogens of genocide prohibition. In case this claim is approved, it would deprive international community from a valuable legal document such as genocide convention. In contrast, some writers supported by the present authors are of the opinion that there are several answers to these claims which leave no room for them any longer. Thus, it basically seems that the attempt to nullify the treaties, specially human rights ones, due to the conflict with jus cogens is not well grounded, since there is neither any agreement as to the content of jus cogens nor the effects and consequences of the jus cogens are the same.