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ABSTRACT
This thesis entitled “An Examination of the Crime of Genocide
under International Humanitarian Law” dealt with crime of genocide as
an act of aggression which of recent presented serious threats to
international peace and security. This is because this crime when
committed within a particular state lead to murder of innocent people to
such alarming propositions that the international community could not ignore. Global incidences of the commission of the crime of genocide led to concerted efforts of the United Nations
to make genocide an international crime so that its perpetrators could
be brought to justice through punishment. On this note, this thesis
aimed at examining the legal framework of the crime of genocide through
the study of the various constitutive international instruments on the
crime of
genocide and also that of the International Criminal Court (ICC)
as the judicial institution responsible for fight against genocide in
International Law. However, the statement of problem of this research is
that following the recent experiences in the commission of the crime of
genocide the international community has found it difficult to bring
perpetrators for punishment before the international criminal court due
to one reason or the other. For example, the consideration of the
circumstances to be designated as genocide by the Rome Statute is not clear.
In addition, it is noteworthy to state here that, a fundamental issue
which generated the interest of the writer in this area of research is
that there is no corresponding will by states to prevent the commission
of the crime or stop it from escalating. State parties and indeed even
the United Nations always fail to use the term Genocide to describe
hostilities that clearly fall within the meaning of the crime of
Genocide. Thus, United Nations and state parties usually capitalize on
the loopholes and inherent defects in the laws of Genocide to suit their
political purposes. For instance the persistence of Genocide in Bangladesh, Uganda, Cambodia, Rwanda (Hutus and Tutsis) and Bosnian Muslims in the former Yugoslavia
are testimonies of failure of intervention by the international
community to stop high profile atrocities. Indeed, when ethnic cleansing
was going on in the territory of former Yugoslavia, Darfur, Rwanda
between Tutsis and Hutus, the United Nations, the US government and
other countries were called upon to intervened but they failed. Against
this backdrop therefore, the objective of this thesis was to identify
the factors militating against the prevention and punishment of the
crime of genocide and to proffer possible measures solutions to
addressing them; and further to consider the possibility of adopting
same measures in Nigeria so as to eradicate instance of genocide in the
country in view of the present Nigerian experiences. In view of this
therefore, the finding of the writer was that the general weakness of
international law constitutes a major problem of lack of enforcement to
the institution of the punishment and prevention of genocide. In this
regard, the writer concluded by recommending (among others) that the
governments of Member States of the international community particularly
the Security Council
should be proactive, effective, prompt and jurisprudentially sound on
the improvement and enforcement of the international legal processes
that hold individuals accountable to the law so that, never again should
would-be violators of these laws succeed in claiming that they are
entitled to hide behind a wall of sovereignty.
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2. AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES
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