Galdunova, K: Process Of International Lawmakingconcerning G

This book aspires to examine international law-making concerning genocide. The genocide phenomenon is explored from the perspective of a protected group emerging from the Convention on the Prevention and Punishment of the Crime of Genocide. The focus is given to the concept of judicial law-making and judicial activism. Its legitimacy is discussed against legal background of a decision of the International Criminal Tribunal for Rwanda in the Akayesu Case. It was contended that due to the proliferation of international judicial bodies and globalisation of the concept of ‘justice‘, the role of international judges should be viewed from a different approach. After examining the process of international law-making relating to genocide, this book, however, concludes that the role of the international judge has remained the same (i. e. to decide a case providing reasoning supported by a relevant set of norms). Although judges decide a broad interpretation of genocide, this does not mean that they create international law. States remain the primary law-makers of the system. Consequently, it is upon state practice to enhance the progressive development of these judicial decisions.