Process of International Lawmaking Concerning Genocide

This book aspires to examine international law-making§concerning genocide. The genocide phenomenon is§explored from the perspective of a protected group§emerging from the Convention on the Prevention and§Punishment of the Crime of Genocide. The focus is§given to the concept of judicial law-making and§judicial activism. Its legitimacy is discussed§against legal background of a decision of the§International Criminal Tribunal for Rwanda in the§Akayesu Case. It was contended that due to the§proliferation of international judicial bodies and§globalisation of the concept of justice , the role§of international judges should be viewed from a§different approach. After examining the process of§international law-making relating to genocide, this§book, however, concludes that the role of the§international judge has remained the same (i. e. to§decide a case providing reasoning supported by a§relevant set of norms). Although judges decide a§broad interpretation of genocide, this does not mean§that they create international law. States remain the§primary law-makers of the system. Consequently, it is§upon state practice to enhance the progressive§development of these judicial decisions.