Why did the Genocide Convention lack effective enforcement mechanisms for many years?
For the first 50 years following its ratification, the Genocide Convention lacked effective enforcement mechanisms primarily due to the absence of a permanent international penal tribunal. While the convention provided for trials before an international body or the courts of the state where the crime occurred, domestic prosecutions were rare, typically only occurring if a genocidal regime was overthrown and replaced by a successor government.1
Furthermore, while the United Nations had the authority to enforce the convention, enforcement was often hindered by the political dynamics of the UN Security Council. As the only UN organ capable of authorizing the use of force, the Security Council's effectiveness was frequently undermined by the veto power held by its permanent members, which often led to gridlock and prevented timely intervention in conflicts involving potential genocide. It was not until the establishment of ad hoc tribunals in the 1990s and the subsequent entry into force of the International Criminal Court in 2002 that a more consistent international framework for prosecuting genocide began to emerge.231