“NEVER AGAIN”: WHAT DOES GENOCIDE MEAN?

The Convention on the Prevention and Punishment of the Crime of Genocide, commonly referred to as the Genocide Convention, is an international treaty that criminalises genocide. It was unanimously adopted by the United Nations General Assembly on 9 December 1948 as a direct response to the atrocities of World War II, and officially entered into force on 12 January 1951.

The Genocide Convention establishes an erga omnes obligation, obligating all state parties to prevent and punish the crime of genocide.

What is Genocide? (Article 2 of the Convention)

Under Article 2 of the Convention, genocide is defined as any of the following acts committed with the specific intent to destroy, in whole or in part, a national, ethnic, 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.

Punishable Acts (Article 3 of the Convention)

Article 3 defines the specific crimes that are punishable under international law:

• (a) Genocide;
• (b) Conspiracy to commit genocide;
• (c) Direct and public incitement to commit genocide;
• (d) Attempt to commit genocide;
• (e) Complicity in genocide.

State Obligations & Universal Accountability

Member states are strictly prohibited from engaging in genocide and are legally bound to enforce this prohibition. Under the Convention, all perpetrators are subject to trial and punishment, regardless of whether they are constitutionally responsible rulers, public officials, or private individuals. Sovereign immunity affords no defense against allegations of genocide.

As of 2022, there are 152 state parties to the Genocide Convention. Mauritius became a party in 2019, whilst notably, the United States ratified the treaty in 1988—forty years after it was initially opened for signature.

The Role & Jurisdiction of the International Court of Justice (ICJ)

The Genocide Convention vests the International Court of Justice (ICJ) with mandatory jurisdiction to adjudicate disputes between states regarding the interpretation, application, or fulfillment of the Convention. Prominent proceedings before the Court include the Rohingya genocide case (The Gambia v. Myanmar) concerning atrocities in Rakhine State, and proceedings relating to the 2022 Russian invasion of Ukraine regarding allegations under the Convention.

The ICJ serves two primary functions: settling legal disputes submitted by sovereign states in accordance with international law, and rendering advisory opinions on international legal questions referred by authorized UN organs and specialized agencies. It is the sole international court with general jurisdiction over contentious disputes between nations, and its jurisprudence represents a primary source of international law.

Composition and Seat of the ICJ

Who are the ICJ Judges?
The Court comprises a bench of 15 judges elected to nine-year terms of office by the United Nations General Assembly and the Security Council. To preserve geopolitical balance, no two judges may be nationals of the same state. To date, no Malaysian has served on the ICJ bench.

Where is the ICJ Seated?
The ICJ is headquartered at the Peace Palace in The Hague, Netherlands. It is unique as the only one of the six principal organs of the United Nations situated outside New York City.

Working Languages:
The official working languages of the International Court of Justice are English and French.