Samenvatting

Over the course of nearly two decades, the United Nations has displayed an looming incapability of effectively using its organizational means to intervene in order to prevent and suppress genocide. This paper defines the term 'genocide' and its implications and gives a short introduction to the treaties and bodies that exist which are relevant to the prevention and punishment of genocide. In addition, it describes the distinction made between genocide and crimes against humanity and argues that there are, however, no legal implications resulting from this distinction. According to the treaties it is the responsibility of the UN, and its member states, to
prevent and punish both genocide and crimes against humanity. According to an element of the framework of Erskine's 'model of institutional moral agency', namely the deliberative responsibilities of an organisation, the UN's failures in two conflicts are assessed. The cases of the genocide in Rwanda and the fall of Srebrenica are studied in-depth and a pattern is distilled concerning the UN's deliberative failures, focussing on the flow of information, power relations and decision-making. Ths pattern eventually causes the UN to be incapable when it comes to its responsibilities concerning the prevention of genocide and crimes against humanity. The paper
concludes that main reasons for the repetitive failures are related to mis- and disinformation, power relations within the UN, inadequate political understanding, under-resourced and ill-prepared peacekeeping operations with unfit mandates, and a lack of political will among member of the Security Council to take robust action. Finally, recommendations are offered on the areas of information flow, peacekeeping operations, power relations and the prevention of atrocities and crimes against humanity, which should bring the
United Nations a step closer to the prevention of genocide.