The Duty to Prevent Genocide under International Law: Naming and Shaming as a Measure of Prevention

Abstract

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide Convention was in force must be named and shamed today. Although the Convention is not retroactive, events from the pre-Convention era are relevant. They are necessary links to strengthen a general awareness what constitutes genocide and by that cater to the (also) legal purpose to prevent future acts of genocide.