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Published online by Cambridge University Press:  10 March 2017

Jordan J. Paust
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Abstract

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Type
Correspondence
Information
American Journal of International Law , Volume 88 , Issue 4 , October 1994 , pp. 715 - 717
Copyright
Copyright © American Society of International Law 1994

References

1 See generally Anthony D’Amato, Peace vs. Accountability in Bosnia, 88 AJIL 500 (1994).

2 Also, to assume that an “economic” or return of land and spoils-type “bargain” with Hitler after the near “cleansing” of Jews from much of Europe and his unlawful acquisition of “assets” would really punish, deter or ultimately serve peace seems quite unreal. Further, what relations might exist between “economic” factors and Lt. Calley’s “cleansing” of My Lai or Serbian use of mass rape and bombardments of civilians as part of genocidal “ethnic cleansing” remain a mystery.

3 SC Res. 787, para. 7 (Nov. 10, 1992), reprinted in 31 ILM 1481, 1483 (1992).

4 Id., para. 2. See also SC Res. 889 (Dec. 15, 1993); SC Res. 820 (Apr. 17, 1993).

5 Restatement (Third) of the Foreign Relations Law of the United States §702, comment d (1987).

6 Reservations to the Convention on Genocide, 1951 ICJ Rep. 15, 23 (Advisory Opinion of May 28).

7 Most agree that the prohibition of genocide is customary jus cogens. See, e.g., Jordan J. Paust, Congress and Genocide: They’re Not Going to Get Away With It, 11 Mich. J. Int’l L. 90, 90–92 & nn. 2–3 (1989).

8 See id. at 92 & n.2.

9 See, e.g., Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, Art. 146, 6 UST 3516, 75 UNTS 287.

10 See, e.g., id., Art. 148. See generally Jordan J. Paust, Universality and the Responsibility to Enforce International Criminal Law: No U.S. Sanctuary for Alleged Nazi War Criminals, 11 Hous. J. Int’l L. 337, 339 (1989).

11 See, e.g., Commentary on the Geneva Convention Relative to the Protection of Civilian Persons in Time of War 602 (Oscar M. Uhler & Henri Coursier eds., 1958); see also id. at 15–17, 587, 590–94.

12 GA Res. 3074, UN GAOR, 28th Sess., Supp. No. 30, at 78, UN Doc. A/9030 (1973).

13 See, e.g., GA Res. 2840, id., 26th Sess., Supp. No. 29, at 88, UN Doc. A/8429 (1971); see also GA Res. 3074, supra note 12; GA Res. 96, UN Doc. A/64, at 188 (1946).