Limitations in Attributing State Responsibility under the Genocide Convention
Mulaj, K; Aquilina, K
Date: 2 March 2017
Journal
Journal of Human Rights
Publisher
Taylor & Francis (Routledge)
Publisher DOI
Abstract
Protection from genocide has been a common denominator in state rhetoric since
1948 when the Genocide Convention was adopted. However, state accountability
for this archetypical crime of the state is virtually non-existent. This paper
addresses a two-pronged puzzle, namely: (i) why, no government involved in the
commission of ...
Protection from genocide has been a common denominator in state rhetoric since
1948 when the Genocide Convention was adopted. However, state accountability
for this archetypical crime of the state is virtually non-existent. This paper
addresses a two-pronged puzzle, namely: (i) why, no government involved in the
commission of genocide has to-date been held responsible for it; and (ii) how
legal processes of the sole Court that addresses states’ disputes regarding
genocide – the International Court of Justice – condition, even limit, the quality of
decisions taken by the Court with particular reference to state liability for this
crime. The analysis contributes to an emerging debate on the application of state
responsibility with reference to the protection from genocide by highlighting
existing shortcomings pertaining to the interpretation and implementation of the
Genocide Convention which, in turn, warrants a holistic revision of this treaty.
Social and Political Sciences, Philosophy, and Anthropology
Faculty of Humanities, Arts and Social Sciences
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