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Think Piece

Think Piece

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Published by Rona Alquiza Ysais

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Published by: Rona Alquiza Ysais on Sep 03, 2009
Copyright:Public Domain


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The International Community initiates to amending of existing international laws for manyreasons, one of which is to improve what has been made in the past, and, others to fully accomplish whathas been started which needs a continuing process. Why certain international laws are being modified for improvement, yet remain difficult for the parties who ratified it to acknowledge what they have set in paper? In addition, albeit they have improved it, still at some point they cannot make a grundnorm, attimes no matter how they revise it over and over again, it remains inapplicable to some cases.The evolution of the concept genocide in the international humanitarian law can be traced back to1864 with the first Geneva Convention to the 1977 with the Protocol additional to the Geneva Conventionof August 12, 1949. To this date, no doubt, the international community as they continue to seek andgather facts and information, from every national and international conflict, provided to them by themonitoring group, they used it as evidence or basis of improvement of the present paper pertaining togenocide or any other laws. Nothing’s wrong with that as long as they comprehend the situation, butreally the question is, do they really understand the situation? As we know, states’ decision, as always, basis is their national interest. For instance, the issue of China has three kinds of engagement in AfricanConflict Zones. First, China has made positive contributions to peacekeeping and anti-piracy operationsand provided de-mining assistance. Second, China has a significant arms trade with Africa, and some of the arms make their way into African conflicts. Third, Chinese nationals are increasingly findingthemselves in harm’s way as they become subject to kidnapping or worse (D.H. Shinn, 2009). China’sinvolvement in such “positive” operations has of course, something to do with their veto power. Thenagain, the involvement of china in proliferation of armed conflict in African states, also, can be knot with“the China has veto power” in the United Nations. Veto is just a small word, but then, so powerful. Thatthe ones who has it, applies flexibility in using it, not bad, as I supposed to “positive” means. In the other,what if it was used in the other way? Like for instance, earlier I’ve said the China’s proliferation of arms.The application of genocide to individual cases is difficult and the reality of prosecuting it under the convention is facing various problems. For an instance, Ines Weinberg de Roca, Judge at the ICTR says in a conference about “The Rwandan Genocide: The ICTR Trials.” The period when the genocide inRwanda took place, the United Nations and its member states appeared largely detached from the realitieson the ground. In the midst of the crisis, Lt. General Romeo Dallaire, commander of United NationsMission for Rwanda, was instructed to focus United Nations Mission for Rwanda on only evacuatingforeign nationals from Rwanda. The change in orders led the Belgian peacekeepers to abandon a technicalschool filled with 2,000 refugees. After which, they left, the Hutu militants entered the school and
Rona Ysais Think PieceIS 202.1 01 August 2009

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