GENOCIDE CONVENTION

Posted 15 Feb 2024

Updated 22 Mar 2024

4 min read

Why in news?

The International Court of Justice (ICJ) gave its interim ruling on South Africa’s genocide case against Israel.

Name: Officially known as Convention on the Prevention and Punishment of the Crime of Genocide, 1948.
- It codified the crime of genocide for the first time.
- It was also the first human rights treaty adopted by the UN General Assembly.
Definition of Genocide: The crime of genocide is defined in Article II of the Genocide Convention.
- Genocide is defined as acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
- According to the convention, genocide is a crime that can take place both in time of war as well as in time of peace.
Membership: The Genocide Convention has been ratified by 153 States. India has signed the treaty in 1949 and ratified in 1959.
Responsibility of State parties: State have obligation not to commit genocide and to take measures to prevent and to punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators.
- However, India did not enact any legislation on the subject.
Jurisdiction: International Court of Justice (ICJ) hears cases related to the interpretation and application of the convention.
Other key information: The definition of the crime of genocide, as set out in the Convention, has been widely adopted at both national and international levels, including in the Rome Statute of the International Criminal Court (ICC) (Article 6).

About International Court of Justice (ICJ)

Genesis: It is a principal judicial organ of the United Nations (UN) established in 1945.
HQ: The Peace Palace in The Hague (Netherlands)
- It is the only principal organ of the UN which is not located in New York.
Role: To settle legal disputes as per International law and to provide advisory opinions.
- Judgment is binding on the parties to a case and without appeal (subject to interpretation or revision).
Composition: 15 judges (Currently India serves one Judge), who are elected for nine years by the UN General Assembly and the Security Council.
Official languages: English and French.
Comparison with ICC: ICJ hears disputes between nations over matters of law, unlike the International Criminal Court (ICC) which holds individuals criminally responsible for offences and crimes against humanity.

About International Criminal Court (ICC)

Genesis: Established by the Rome Statute of the International Criminal Court in 1998.
HQ: The Hague (Netherlands)
About: It is an international court to investigate and prosecute individuals accused of serious international crimes: genocide, crimes against humanity, war crimes, and aggression.
Members: 123 countries are party to Rome Statute. India is not a member.
Jurisdiction:
- It has jurisdiction only over crimes committed after July 1, 2002, when the Rome Statute entered into force.
- Only States are eligible to appear before the Court in contentious cases. It has no jurisdiction over applications from individuals, non-governmental organizations, corporations or private entity.
Other Key information:
- Its judgments are final without appeal and binding upon the parties concerned.
- The Court does not have its own police force and relies on State cooperation, to the arrest and surrender of suspects.

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