Genocide Convention
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- Context (TH I IE): South Africa had moved the ICJ, invoking the Convention on the Prevention and Punishment of the Crime of Genocide, 1948, against Israel.
- South Africa has accused Israel of committing genocide in its ongoing military campaign in Gaza.
- ICJ will decide:
- Whether it has jurisdiction on this matter,
- Whether the alleged acts fall under the 1948 Convention.
- South Africa has sought the indication of provisional measures to stop the genocide.
- Israel rejected any genocidal intent and anchored its arguments on its right to self-defence.
ICJ’s Jurisdiction and Provisional Measures
- The ICJ is the principal judicial organ of the United Nations.
- The ICJ-created statute clarifies that only states may be parties in cases before the Court.
- Both South Africa and Israel are signatories to the Genocide Convention of 1948.
- Article 94 of the UN Charter provides that “Each Member of the UN undertakes to comply with the decision of ICJ in any case to which it is a party”.
- Provisional measures are interim rulings of the ICJ aimed at preventing either party from harming the main case irreparably.
- ICJ cannot enforce its orders and depends on the UNSC to take measures.
- UNSC is also subject to the veto power of permanent members.
- The US has vetoed 34 out of 36 UNSC resolutions related to the Israel-Palestine conflict since 1945.
Convention on the Prevention and Punishment of the Crime of Genocide, 1948
- In 1948, the Convention was adopted by the UNGA and came into force in 1951.
- It is an international convention that defines genocide and obligates State Parties to prevent and punish the crime of genocide.
- The Genocide Convention was the first human rights treaty adopted by the UNGA.
- It is an instrument of international law leading to the codification of genocide, for the first time, as a crime.
- There are about 153 member states that are engaged with the Genocide Convention.
- Zambia is the most recent country to sign the convention in 2022.
- India actively participated in the formulation of the Genocide Convention and ratified it in 1959. Despite the ratification, India is yet to define genocide by law.
Definition of Genocide
- Genocide, as defined under Article II of the Convention, refers to the acts that are committed with the intent to destroy, in whole or partly, a national, ethnical, racial or religious group.
- These acts include:
- Killing members of the group
- Causing severe bodily or mental harm to members of the group.
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
- Imposing measures to prevent births within the group.
- Forcibly transfer the children of the group to another group.
- Article I recognises genocide, committed in times of peace or in times of war, as a crime under international law.
States’ obligations under the Genocide Convention
Article I
- Obligation not to commit genocide.
- Obligation to prevent genocide, which, according to the ICJ, has an extra-territorial scope;
- Obligation to punish genocide.
Article V
- Obligation to enact the necessary legislation to give effect to the provisions of the Conventions.
- Obligation to ensure effective penalties are provided for persons found guilty of criminal conduct.
Article VI
- Obligation to try persons charged with genocide–
- In a competent tribunal of the State in the territory of which the act was committed or
- By an international penal tribunal with accepted jurisdiction.
Article VII
- Obligation to grant extradition when genocide charges are involved according to the laws and treaties in force.