The Duty to Prevent Genocide_ Naming and Shaming
“The Duty to Prevent Genocide under International Law: Naming and Shaming as a Measure of Prevention” by Björn Schiffbauer discusses the duty under international law to prevent genocide, particularly focusing on the strategy of “naming and shaming” as a preventive measure. It emphasizes the importance of the 1948 United Nations Convention for the Prevention and Punishment of the Crime of Genocide (UNCG) and the legal obligation for states to prevent genocide as part of the jus cogens, or peremptory norms of international law.
The article argues that naming and shaming — identifying and condemning actions as genocide — is the minimum obligation states must fulfill to comply with their duty to prevent genocide. The approach is seen as crucial for raising global awareness, deterring potential perpetrators, and supporting the objectives of the UNCG. While it acknowledges that the UNCG’s provisions are not retroactive, it also discusses the potential for recognizing past genocides in line with modern definitions to inform prevention efforts.
The author further examines how international law, including the Vienna Convention on the Law of Treaties, guides the interpretation of the duty to prevent genocide and highlights the importance of proportionality and appropriate measures based on the situation’s severity. Examples such as the Holocaust, the Armenian genocide, and atrocities against the Yazidis are cited to illustrate the complexities of naming and shaming in practice.
The author concludes by emphasizing that understanding and acknowledging past genocides is essential for effectively preventing future occurrences.
