International Studies Journal (ISJ)

International Studies Journal (ISJ)

Genocide and the Internaional Court of Justice: Finally, A Duty to Prevent the Crime of Crimes

Document Type : Extension Article

Author
Professor of Human Rights Law, National University of Ireland, Galway and Director, Irish Centre for Human Rights
Abstract
Article IX of the genocide convention gives the International Court of Justice jurisdiction over disputes between states about "the interpretation, apllication or fulfilment" of the convention. Wheter this provision encompasses charges that a state has actually committed genocide has been a matter of some dispute over the years. In a general sense, the International Court of Justice opted for a restrictive and conservative constraction of the definition of genocide in the Bosnia v. Serbia case in february 2007. It observes, that "ethnic cleaning" and genocide should not be confounded. Still it is the most important and positive contribution of the internatioal court's judgement that states have a responsibility to prevent gonocide. This provides further support for the entrenchment of this doctrine within customary international law.
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