According to the UN Audiovisual Library of International Law – Convention on the Prevention and Punishment of the Crime of Genocide, “Unlike most of the other main human rights treaties, the Genocide Convention does not establish a monitoring mechanism. There have been periodic calls to set up a treaty body, possibly by an additional protocol to the Convention or perhaps simply by a resolution of the General Assembly.”
However, there have been several major initiatives in support of the Convention.
International Criminal Tribunals were established for the former Yugoslavia (1993) and for Rwanda (1994). Both tribunals have tried individuals accused of the crime of genocide as well as crimes against humanity and other violations.
The Rome Statute establishing the International Criminal Court (ICC) was adopted in 1998 and entered into force in 2002. The ICC has authority to consider the crime of genocide, as well as crimes against humanity, war crimes and the crime of aggression. In 2008, the ICC Prosecutor presented the case against Sudanese President Hassan Ahmad Al Bashir for genocide as well as crimes against humanity and war crimes committed in Darfur, Sudan. Warrants for the arrest of Al Bashir and others have been issued. Al Bashir remains at large in spite of the arrest warrants.
In 2004, the Secretary-General of the United Nations established the high-level position of Special Advisor on the Prevention of Genocide. The Special Advisor has the following responsibilities:
- Collecting existing information, in particular from within the United Nations system, on massive and serious violations of human rights and international humanitarian law of ethnic and racial origin that, if not prevented or halted, might lead to genocide;
- Acting as a mechanism of early warning to the Secretary-General, and through him to the Security Council, by bringing to their attention situations that could potentially result in genocide;
- Making recommendations to the Security Council, through the Secretary-General, on actions to prevent or halt genocide; and
- Liaising with the United Nations system on activities for the prevention of genocide and working to enhance the United Nations’ capacity to analyze and manage information regarding genocide or related crimes.
With respect to Canada, there is an on-going debate as to whether Canada’s treatment of its aboriginal peoples constitutes a genocide. According to Huffington Post, in 2013, former National Chief Phil Fontaine, elder Fred Kelly, businessman Dr. Michael Dan and human rights activist Bernie Farber sent a letter to James Anaya, then UN Special Rapporteur on the Rights of Indigenous Peoples, arguing that several specific crimes against aboriginal people in Canada qualify as genocide” under the Convention.
The term “cultural genocide” is now being used by some to describe the crimes inflicted within the notorious Indian Residential Schools, including the Truth and Reconciliation Commission of Canada.