Book contents
- Frontmatter
- Contents
- Preface to the first edition
- Preface to the second edition
- Acknowledgments
- List of abbreviations
- Introduction
- 1 Origins of the legal prohibition of genocide
- 2 Drafting of the Convention and subsequent normative developments
- 3 Groups protected by the Convention
- 4 The physical element or actus reus of genocide
- 5 The mental element or mens rea of genocide
- 6 ‘Other acts’ of genocide
- 7 Defences to genocide
- 8 Prosecution of genocide by international and domestic tribunals
- 9 State responsibility and the role of the International Court of Justice
- 10 Prevention of genocide
- 11 Treaty law questions and the Convention
- Conclusions
- Appendix: The three principal drafts of the Convention
- Bibliography
- Index
9 - State responsibility and the role of the International Court of Justice
Published online by Cambridge University Press: 07 July 2009
- Frontmatter
- Contents
- Preface to the first edition
- Preface to the second edition
- Acknowledgments
- List of abbreviations
- Introduction
- 1 Origins of the legal prohibition of genocide
- 2 Drafting of the Convention and subsequent normative developments
- 3 Groups protected by the Convention
- 4 The physical element or actus reus of genocide
- 5 The mental element or mens rea of genocide
- 6 ‘Other acts’ of genocide
- 7 Defences to genocide
- 8 Prosecution of genocide by international and domestic tribunals
- 9 State responsibility and the role of the International Court of Justice
- 10 Prevention of genocide
- 11 Treaty law questions and the Convention
- Conclusions
- Appendix: The three principal drafts of the Convention
- Bibliography
- Index
Summary
The Genocide Convention is principally concerned with prosecution of individuals who perpetrate genocide. In articles II and III, the Convention defines the offence. In article IV, it eliminates the defence of official capacity for senior officials and parliamentarians. In article V, the Convention requires States parties to adopt appropriate legislation within their domestic criminal law. Article VI establishes the jurisdictional bases for such prosecutions, and article VII addresses extradition issues. The Convention imposes a number of obligations upon States, for which they can obviously be held accountable. However, it does not explicitly declare that States themselves may be responsible for genocide. Nevertheless, States have often been accused of committing genocide. In fact, given the nature of the crime, it is difficult to conceive of genocide without some form of State complicity or involvement.
According to article IX, disputes concerning ‘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’. In its February 2007 judgment on the Bosnian application against Serbia, the Court confirmed that States as well as individuals may commit genocide, Furthermore, it held that article IX of the Convention gives the Court jurisdiction to adjudicate charges by one State that another has perpetrated genocide.
- Type
- Chapter
- Information
- Genocide in International LawThe Crime of Crimes, pp. 491 - 519Publisher: Cambridge University PressPrint publication year: 2009