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- Title
PARLIAMENTARY CONDEMNATIONS OF MASS ATROCITIES AND THE OBLIGATION TO PREVENT GENOCIDE AND CRIMES AGAINST HUMANITY.
- Authors
VAN DEN HERIK, LARISSA; DA SILVA, RAFAEL BRAGA
- Abstract
Domestic parliaments can play a critical role ill shaping domestic responses to international incidents. Recently, the world has witnessed an increased resort to legal terms such as genocide and crimes against humanity being used to describe mass atrocities outside courtrooms. Parliaments have relied on such language when issuing declarations and condemnations about past and ongoing mass atrocities. However. the focus on qualification has often overshadowed the equally, or perhaps even more, important discussion on follow-up measures or actions. This article provides an overview of parliamentary declarations. analysing their temporal aspect and content. Such typology provides the article with a springboard to assess the potential legal value of such parliamentary declarations in international law. This article makes the claim that parliamentary declarations can play a role within the realm of the obligation to prevent genocide and crimes against humanity. Being a duediligence obligation, the obligation to prevent mass atrocities is activated when states have knowledge Of a serious risk that genocide or crimes against humanity would occur. The article evaluates whether parliamentary condemnations of such atrocities may in some way inform the 'knowledge' element. it also inquires whether such condemnations can be meaningful in substantiating the obligation to prevent, for instance by identifying what sorts of measures are available, feasible and/or appropriate and by initiating a discussion with their government on possible preventive measures.
- Subjects
GENOCIDE; CRIMES against humanity; ATROCITIES; DUE diligence; HUMANITY
- Publication
Washington University Global Studies Law Review, 2022, Vol 21, Issue 1, p113
- ISSN
1546-6981
- Publication type
Article