Book contents
- Genocide in International Law
- Genocide in International Law
- Copyright page
- Dedication
- Contents
- Preface to the First Edition
- Acknowledgements
- Abbreviations
- Introduction
- 1 Origins of the Legal Prohibition of Genocide
- 2 Drafting of the Genocide Convention
- 3 Subsequent Normative Developments
- 4 Groups Protected by the Convention
- 5 The Specific Intent to Commit Genocide
- 6 Punishable Acts of Genocide
- 7 Cultural Genocide, Ethnic Cleansing and Other Acts Not Punishable under the Convention
- 8 ‘Other Acts’ of Genocide
- 9 Defences to Genocide
- 10 The Duty to Punish Genocide
- 11 Prosecution of Genocide by International Criminal Tribunals
- 12 State Responsibility and the Role of the International Court of Justice
- 13 Prevention of Genocide
- 14 Activity of International Organizations
- 15 Treaty Law Questions and the Convention
- Conclusions
- Bibliography
- Index
11 - Prosecution of Genocide by International Criminal Tribunals
Published online by Cambridge University Press: 14 March 2025
- Genocide in International Law
- Genocide in International Law
- Copyright page
- Dedication
- Contents
- Preface to the First Edition
- Acknowledgements
- Abbreviations
- Introduction
- 1 Origins of the Legal Prohibition of Genocide
- 2 Drafting of the Genocide Convention
- 3 Subsequent Normative Developments
- 4 Groups Protected by the Convention
- 5 The Specific Intent to Commit Genocide
- 6 Punishable Acts of Genocide
- 7 Cultural Genocide, Ethnic Cleansing and Other Acts Not Punishable under the Convention
- 8 ‘Other Acts’ of Genocide
- 9 Defences to Genocide
- 10 The Duty to Punish Genocide
- 11 Prosecution of Genocide by International Criminal Tribunals
- 12 State Responsibility and the Role of the International Court of Justice
- 13 Prevention of Genocide
- 14 Activity of International Organizations
- 15 Treaty Law Questions and the Convention
- Conclusions
- Bibliography
- Index
Summary
The Genocide Convention states that persons charged with the crime may be prosecuted ’by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction’. At the time no such institution existed. The International Court of Justice held that the ad hoc tribunals established by the Security Council could be deemed to be such an international penal tribunal. They undertook a large number of genocide prosecutions. The International Criminal Court, established in 2002, constitutes such an international tribunal. It has only issued a single arrest warrant for genocide, against the former president of Sudan.
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- Genocide in International LawThe Crime of Crimes, pp. 538 - 561Publisher: Cambridge University PressPrint publication year: 2025