The Necessity of Evolving the Concept of “Genocide” in the light of the Evolution of the Values of the International Community: The Capacity of the Current Legal Order in support of the Right of the Group to Exist

Articles in Press

Document Type : Original Article

Authors

1 PhD Student, Department of International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

2 Professor, Department of International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

10.48300/jlr.2022.324867.1922

Abstract

In recent decades increasing acceleration has taken place in the course of the international contractual community towards the international community of values. This fundamental change in the foundations of international public order and moving towards comprehensive support for individuals and groups necessitates a revision of the rules and regulations which have been set with the vision of sovereign-centered international law. Concept of “Genocide” which took on a legal form at one of the most critical points in history, bipolar era, must be acquainted with the new values of the international community that have found a more humane color; thus by putting a proper name all human groups enjoy the right to exist and the right to life and keep up with the developments in the infrastructure layers of the international community. Ignorance of the background of the criminalization of this crime puts a strong barrier in the way of spreading the umbrella of the convention on other human groups; and puts most of the legal writings in a vicious circle that this document was created with the aim of supporting minorities and nothing else. Fortunately, sociologists like a skilled physician have taken up the pen in the face of social realities and diagnosis of social harms and have created valuable writings for the treatment of this disease. Following the successive hammers of these thinkers on the weakness of the convention, protected groups, one can hope comprehensive and efficient legislation.

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Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 18 June 2022

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