Limitations in Attributing State Responsibility under the Genocide Convention

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 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.