Palestine

United Nations 1948 Convention on the Prevention and Punishment of the Crime of Genocide

2024-01-16 …

[ Approved and proposed for signature, and ratification or accession, by U.N. General Assembly Resolution 260 A (III) of 9 December 1948.  Entry into force: 12 January 1951, in accordance with article XIII. ]

The Contracting Parties,

Having considered the declaration made by the General Assembly of the United Nations in its Resolution 96 (I), 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:

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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 group ;

(e) Forcibly transferring children of the group to another group.

Article III

The following acts shall be punishable:

(a) Genocide ;

(b) Conspiracy to commit Genocide ;

(c) Direct and public incitement to commit Genocide ;

(d) Attempt to commit Genocide ;

(e) Complicity in Genocide.

Article IV

Persons committing Genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

Article V

The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of Genocide or any of the other acts enumerated in article III.

Article VI

Persons charged with Genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

Article VII

Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

Article VIII

Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of Genocide or any of the other acts enumerated in article III.

Article IX

Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for Genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

Article X

The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.

Article XI

The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.

The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.

Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article XII

Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.

Article XIII

On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal, and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article XI.

The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.

Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.

Article XIV

The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.

It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.

Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.

Article XV

If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.

Article XVI

A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.

The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.

Article XVII

The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following:

(a) Signatures, ratifications and accessions received in accordance with article XI ;

(b) Notifications received in accordance with article XII ;

(c) The date upon which the present Convention comes into force in accordance with article XIII ;

(d) Denunciations received in accordance with article XIV ;

(e) The abrogation of the Convention in accordance with article XV ;

(f) Notifications received in accordance with article XVI.

Article XVIII

The original of the present Convention shall be deposited in the archives of the United Nations.

A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.

Article XIX

The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.

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To The Barricades ! … Creative Architecture In Context !!

2014-08-28:  Earlier this month … the final straw … as I caught up on a ‘piece’ in McGraw Hill’s Architectural Record … which reproduced an original, intriguing article from designMENA.com, posted on 12 August 2014, by Nick Ames …

Rebel Architects Star In New TV Show

Qatar-based broadcaster Al Jazeera is to show a series of films focusing on radical architects from Pakistan, Brazil, Nigeria, Spain, Palestine and Vietnam.  The series – entitled ‘Rebel Architecture’ – focuses on architects using design to confront urban, environmental and social problems in their communities.

Dan Davies, producer of the series, said: “We couldn’t help noticing that despite all the problems afflicting humanity, many of which architecture uniquely has the ability to assist and even solve, most of the mainstream and architectural press celebrates the aesthetics of huge iconic projects, marvelling at insanely complicated ways to fold giant sheets of metal.”

“As we face issues from floods and natural disasters to an explosion of urban populations, soaring inequality and displacement through conflict, architecture seems wholly absent.  So we wanted to look beyond the discussion of the aesthetics of Star-chitecture and see what architects outside the mainstream are doing.”

The six-part series, which starts on 18 August, begins with a film documenting the work of Spanish architect Santiago Cirugeda, who uses his knowledge of planning law to occupy abandoned properties and to build structures on unused land.

It also features Pakistani architect Yasmeen Lari, who designs disaster relief shelters and Eyal Weizman, professor of spatial and visual cultures at Goldsmiths University, who explores the way the built environment is used as an instrument of occupation.

In Vietnam, the series follows Vo Trong Nghia, whose projects focus on open spaces and sustainable design, while in Nigeria, Kunlé Adeyemi has designed floating buildings to solve issues of flooding and overcrowding.

The final episode explores Rocinha, the largest favela in Brazil, with builder Ricardo de Oliveira, and master planner Luis Toledo.

“The rebel architects have to push boundaries, but they must also look beyond their own buildings,” said Davies.  “They start by looking at the wider context in which they live – be it Spain hit by the financial crisis, or Pakistan ravaged by floods – and work out how they can change the status quo with architecture.”

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I SAY …

Shouldn’t every Architect be concerned about the issues raised in Nick’s article ?   And if not … why not ??

Architecture is a wide and complex field of human creative, artistic and scientific endeavour.  Yet in the international and national media, both mainstream and architectural … it does appear, as presented, to be narrowly confined to the “aesthetics of huge iconic projects”, and “insanely complicated ways to fold giant sheets of metal”.  And the various media continue to focus on and enthusiastically applaud the current, outrageous phallic skyscraper contest in, for example, the Arab Gulf Region, China and South-East Asia … a contest which is actively promoted by such international organizations as the US-based Council on Tall Buildings & Urban Habitat.  [ I might add … with entirely insufficient attention being paid to fire safety, resilience and sustainability in those Super-Tall Buildings !! ]

If Santiago Cirugeda, Yasmeen Lari, Eyal Weizman, Vo Trong Nghia, Kunlé Adeyemi, Ricardo de Oliveira, and Luis Toledo are indeed Rebels … [ I would argue that they most definitely are not ] … and each one is working in isolation … then we must urgently instigate a Revolution

Creative Architecture In Context !!

 

PRINCIPAL BARRIER …

The Institutional Framework of Today’s Conventional Architecture … typically developed to promote and protect a 19th Century Model of Architectural Practice … exerts a powerful stranglehold over the architectural profession and the schools of architecture in many countries.  It is no longer ‘fit for purpose’ in the 21st Century !

Here in Ireland … a few days before reading the Nick Ames article … I attended a long Extraordinary General Meeting of the Royal Institute of the Architects of Ireland (RIAI) … called by 10 Institute Members to demand urgent, concerted action from the Institute’s Council in response to the new and very flawed Building Control Amendment Regulations (Statutory Instruments Nos.9 & 105 of 2014), which came into effect from 1 March 2014.

Far from being an enlightening and pleasurable occasion … for many small reasons, it was annoying and frustrating.  The biggest reason of all, however, was that I saw no evidence whatever that either Council or the Membership understands the simple, fundamental truth that … self-regulation/self-certification does NOT work !

Refer back to my previous post.

The General Public in Ireland … also known as ‘The Long-Suffering Consumer’ … does not trust the Medical and Legal Professions to self-regulate, despite the vociferous protestations from both that their internal regulatory systems are packed-packed-packed with civilians.  Yes … ‘selected’ civilians !

That particular evening in the Davenport Hotel, Dublin … the RIAI’s Extraordinary General Meeting (EGM) went nowhere … aided and abetted by Council Members at the head table. It was interesting to note that none of the 10 Institute Members who had called the meeting had a seat at that same table.

As we exit the Profound Economic Crisis following the Extravagant Celtic Tiger Years … and coldly look around us … we witness an architectural profession lost in a contextual wilderness – urban, environmental and social – while fumbling around in a legal and political maze.  And, every day, we experience a sprawling, ugly, depressing and unsustainable built environment which is engaged in a sad and brutal conflict with nature.

It has taken at least a generation … but the RIAI has directly overseen the slow and progressive dilution of what it means to be an Architect in Ireland.

Time for The Revolution … To The Barricades !!

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