RESCATANDO UNA NORMA DEL OLVIDO: EL ART. VIII DE LA CONVENCIÓN CONTRA EL GENOCIDIO Y LA RESPONSABILIDAD DE PROTEGER

Abstract

The paper examines the origin and interpretation of art. VIII of the Convention on the Prevention and Punishment of the Crime of Genocide, as well as the problems for its invocation in practice, and it proposes a current reading of that Article, through the prism of the Responsibility to Protect. In particular, the paper argues that art. VIII can be regarded as a precursor to the Responsibility to Protect, having expressly recognized the competences of United Nations organs in the prevention and suppression of genocide at as early as 1948. Also, the paper stresses that art. VIII has provided an important legal basis for the existence of a responsibility of the international community to protect populations from such a heinous crime.