Jørgensen, Nina H.B. (2012) “The Next Darfur” and accountability for the failure to prevent genocide. Nordic Journal of International Law, 81 (4), 407-436. (doi:10.1163/15718107-08104002).
Abstract
Genocide has occurred throughout history and the task of prevention may sometimes appear futile in spite of the clear obligation to prevent in the 1948 Genocide Convention. Taking Raoul Wallenberg’s inspiration to the collective consciousness as a backdrop, this article aims to explore the different accountability mechanisms that give strength to the legal obligation to prevent genocide. The situation in Sudan and South Sudan provides a focal point as it tests the international community’s resolve to act to prevent future instances of genocide within the parameters of the responsibility to protect. In relation to Darfur, individual responsibility of senior leaders has taken centre-stage, but this should not divert the spotlight from other accountability options focused on the state and international organisations. An attempt is made to connect the different aspects of the legal regime with reference to the goal of ensuring accountability if prevention fails in the context of Sudan and South Sudan.
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