David B. Kopel, Paul Gallant, Joane D. Eisen: Is Resisting Genocide a Human Right?
Closely examining the Darfur, Sudan, genocide, and making reference to
other genocides, this Article argues that the genocide prevention strategies which
are currently favored by the United Nations are ineffective. This Article details
the failures of targeted sanctions, United Nations peacekeepers, and other antigenocide
programs. Then, this Article analyzes the Genocide Convention and
other sources of international human rights law. Because the very strong language
of the Genocide Convention forbids any form of complicity in genocide,
and because the Genocide Convention is jus cogens (meaning that it prevails
over any conflicting national or international law), this Article concludes that
the Genocide Convention forbids any interference, including interference based
on otherwise valid laws, against the procurement of defensive arms by groups
which are being victimized by genocide.
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