Publication Type

Journal Article

Version

Preprint

Publication Date

1-2013

Abstract

As a consequence of recent decisions from the ICJ and the ICTR, it is clear that genocide can be pursued through the international courts both in terms of criminal liability and also rights/responsibility legal paradigms. This article suggests that this duality in possible contexts and processes of judicial determination, while being procedurally problematic, is in keeping with the human rights direction of international criminal justice. In addition, by opening the legal consideration of genocide to questions of individual liability as well as state-sponsored rights abuse, judges are now able to consider the more realistic complexity of genocide atrocity and thereby to address the diverse legitimate interests of victims. Particularly, by enabling and expanding juridical activation as the medium for legally enunciating the Genocide Convention, the determination of genocide and its consequences may benefit from enhanced certainty when reflected against the constitutional legality of the courts.

Keywords

accountability, international criminal justice, genocide, human rights judicial determination

Discipline

Criminal Law | Human Rights Law | International Law

Research Areas

Law, Society and Governance

Publication

International Criminal Law Review

Volume

13

Issue

1

First Page

297

Last Page

317

ISSN

1567-536X

Identifier

10.1163/15718123-01301010

Publisher

Brill

Copyright Owner and License

Author

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://doi.org/10.1163/15718123-01301010

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