Abstract
The crime of genocide has historical antecedents, dating back to several decades before its eventual acceptance as an international crime and codified as such. Ironically, the Convention on the Prevention and Punishment of the Crime of Genocide, 1948 (the Genocide Convention) did not provide punishment for the crime of genocide or genocide related matters. Instead, it empowered the Contracting Parties to undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the Convention and, in particular, to provide effective penalties for persons guilty of genocide. But this lacuna is covered in Part 7 of Article 77 of the Rome Statute of the International Criminal Court (ICC Statute), which provides applicable penalties for a person convicted of genocide or genocide related matters. Generally, conducts that amount to genocide are clear even though definition of the four classes of group ‘is an intricate problem that requires serious interpretative efforts’. This paper examines the crime of genocide under the Statute of the International Criminal Court. The paper begins by examining the general overview of the crime of genocide by way of introduction and historical background; and then proceeds to appraise the very nature of the crime and the requirement of proving the offence. Noting the difficulties associated with proving the crime of genocide, particularly ‘intent’, the paper examines situations wherein inference can be drawn. The paper concludes with overarching recommendations. Keywords: Genocide, Genocide Convention, intent, dolus specialis, jus cogens, ICC. DOI: 10.7176/JLPG/105-05 Publication date: January 31 st 2021
Highlights
It empowered the Contracting Parties to undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the Convention and, in particular, to provide effective penalties for persons guilty of genocide. This lacuna is covered in Part 7 of Article 77 of the Rome Statute of the International Criminal Court (ICC Statute), which provides applicable penalties for a person convicted of genocide or genocide related matters
This paper examines the crime of genocide under the Statute of the International Criminal Court
The definition of Genocide in the Genocide Convention has been incorporated into the various statutes namely: (a) the Rome Statute, (b) the Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTYSt), (c) the International Criminal Tribunal for Rwanda Statute (ICTRSt) as well as other court’s instruments established by or with the support of the UN.2
Summary
The definition of Genocide in the Genocide Convention has been incorporated into the various statutes namely:. Over the years, become wide spread; and the word was coined in response to the Armenian and holocaust killings, it applies to other mass killings such as the Kurdish genocide in Iraq, the Bosnian genocide, and the Rwandan genocide, amongst others Developments in this area have led to genocide being recognised as a norm of international custom.. 7 This effectively imposes a responsibility on states to recognise genocide as a peremptory norm of international law (jus cogens) to which no derogation is allowed. The need to recognise and codify genocide as international crime arises from the immense loss often associated with the conduct This is expressed in a number of documents such as (a) the preamble to the Genocide Convention to the effect that “... Www.iiste.org characteristics of genocide as defined in the Convention
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
