CULTURAL GENOCIDE - A GENOCIDAL TECHNIQUE AGAINST CHILDREN: AN UNDERSTANDING THROUGH INTERNATIONAL CRIMINAL JUSTICE SYSTEM

Any violation of human rights under the international humanitarian law is serious crimes under international criminal justice system. Any actions that shocks the conscience of international community will be answered through Chapter VII of the Charter of United Nations, 1945. The sources of international humanitarian law are majorly the Conventions, Declarations, and Covenants etc. In this paper the author going to analysis the application of Convention on Prevention and Punishment of Crime of Genocide, 1948 with specific reference to judicial interpretation on the prohibitory acts of genocide against children. The classical work of Prof Lemkin leads to the introduction of the term genocide to the international community. The author going to analysis the child rights with specific reference to decisions passed the various international tribunals, the International Criminal Court, the contributions of various scholars towards the protection and justifiability of child rights. The protection of human rights has gained the jus cogens status and any such violation is amounts to delictumjusris gentium. The application of protection of human rights internationally is not limited only to adults but also extends to various groups like refugees, war prisoners, children, women, disabled, prisoners etc. in this paper the author going to limit his study to analysis the rights relating to children during armed conflicts. The contributions of ad hoc tribunals, The Rome Statute, Four Geneva Conventions and other international instruments etc are the main sources of the research.