Genocide Convention Act 1949
No. 27, 1949
An Act to approve of Ratification by Australia of the Convention on the Prevention and Punishment of the Crime of Genocide, and for other purposes
Contents
1 Short title
2 Commencement
3 Interpretation
4 Approval of ratification
5 Approval of extension to Territories
The Schedule Convention on the Prevention and Punishment of the Crime of Genocide
Genocide Convention Act 1949
No. 27, 1949
An Act to approve of Ratification by Australia of the Convention on the Prevention and Punishment of the Crime of Genocide, and for other purposes
[Assented to 12 July 1949]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Genocide Convention Act 1949.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
In this Act:
the Genocide Convention means the Convention on the Prevention and Punishment of the Crime of Genocide approved by the General Assembly of the United Nations at Paris on the ninth day of December, One thousand nine hundred and forty-eight, the text of which convention in the English language is set out in the Schedule to this Act.
4 Approval of ratification
Approval is hereby given to the depositing with the Secretary-General of the United Nations of an instrument of ratification of the Genocide Convention by Australia.
5 Approval of extension to Territories
Approval is hereby given to the depositing with the Secretary-General of the United Nations of a notification by Australia, in accordance with Article twelve of the Genocide Convention, extending the application of the Genocide Convention to all the territories for the conduct of whose foreign relations Australia is responsible.
The Schedule Convention on the Prevention and Punishment of the Crime of Genocide
Section 3
THE CONTRACTING PARTIES,
HAVING CONSIDERED the declaration made by the General Assembly of the United Nations in its resolution 96 (1) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world;
RECOGNIZING that at all periods of history genocide has inflicted great losses on humanity; and
BEING CONVINCED that, in order to liberate mankind from such an odious scourge, international co‑operation is required;
HEREBY AGREE AS HEREINAFTER PROVIDED:
Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the…
Overview
The Genocide Convention Act 1949, enacted by the Parliament of Australia, provides the legislative framework for Australia's ratification of the Convention on the Prevention and Punishment of the Crime of Genocide. This Act was introduced to address the pressing global issue of genocide and its devastating impact on humanity. By ratifying the Convention, Australia commits to the international obligation to prevent and punish the crime of genocide, aligning with the spirit and aims of the United Nations and reflecting the global condemnation of such atrocities. The policy objective of the Act is to enable Australia to participate in international efforts to combat genocide, ensuring that those responsible for such crimes are held accountable under international law.
Scope and Application
The Genocide Convention Act 1949 is an Act of the Parliament of Australia that provides for the ratification by Australia of the Convention on the Prevention and Punishment of the Crime of Genocide. This Act applies to the Australian government and its territories, affirming the country's commitment to the international convention aimed at preventing and punishing the crime of genocide. Ratified by Australia, the Convention obligates the country to enact necessary legislation to provide effective penalties for those found guilty of committing acts of genocide, including conspiracy, incitement, attempt, and complicity. The Act allows for the extension of the Convention's application to all territories for which Australia is responsible for foreign relations. The geographic reach of this Act is thus national, with the potential to extend to Australian territories as notified to the United Nations. The Act does not detail specific exclusions or thresholds but requires implementation through domestic legislation to give effect to the provisions of the Convention. Subordinate instruments may further elaborate on the application and enforcement of the Convention within Australian law.
Key Provisions
- The Genocide Convention Act 1949 (sections 1-5) serves to approve Australia's ratification of the Convention on the Prevention and Punishment of the Crime of Genocide, and to extend the Convention's application to all territories for which Australia is responsible. This Act includes the text of the Convention in its schedule, which outlines the obligations and responsibilities of the contracting parties under international law.
- Under the Act, the primary obligation imposed on Australia and other contracting parties is to prevent and punish the crime of genocide (section 3). The Act requires contracting parties to enact legislation necessary to give effect to the provisions of the Convention, ensuring effective penalties for those found guilty of genocide or related crimes (section 5). Furthermore, contracting parties must try individuals charged with such crimes in a competent tribunal within their territory or an international tribunal if jurisdiction has been accepted (section 6).
- The Act also outlines specific acts that constitute genocide, including killing members of a group, causing serious bodily or mental harm, deliberately inflicting conditions that lead to physical destruction, imposing measures to prevent births, and forcibly transferring children (section 3). Additionally, it criminalises conspiracy, incitement, attempts, and complicity in these acts (section 3). The Act mandates that these acts not be considered political crimes for extradition purposes, though contracting parties are required to grant extradition in line with their laws and treaties (section 7).
- For breaches of the Act, the Convention provides that those found guilty of genocide or related acts shall be punished (section 4). The specific offences and penalties are detailed within the Convention itself, which the Act incorporates by reference. The maximum penalties for these offences can vary depending on the jurisdiction, but generally include severe criminal sanctions. The Act does not specify penalties but refers to the necessity for effective penalties under section 5.
- Area of Law
- International Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Approval of ratification
