Seventy-Five Years of the Genocide Convention: the Obligations on States to Prevent Genocide
Seventy-Five Years of the Genocide Convention: the Obligations on States to Prevent Genocide
Author Antonie Klopper
ISSN: 2411-7870
Affiliations: Attorney and Conveyancer of the High Court of South Africa. BCom (Law) LLB LLM (University of Pretoria) LLD candidate (University of Johannesburg)
Source: Fundamina, Volume 30 Issue 2, p. 64-124
https://doi.org/10.47348/FUND/v30/i2a3
Abstract
This contribution explores the historical background of genocide in international law, emphasising its role in shaping the current legal framework for preventing and punishing genocide. The discussion begins by taking a look at the origins of the term “genocide” as introduced to international law after World War II through the Genocide Convention of 1948. This contribution highlights the extensive historical context of the concept of genocide, emphasising the need to examine it from an international public-law perspective to understand the obligations placed on states for preventing genocide. The recent case law before the International Court of Justice in cases brought by Ukraine and South Africa illustrate the importance of genocide in the contemporary international legal context. South Africa requested the court to grant an order for Israel to suspend its military operations in and against Gaza. The court chose to rather follow precedent and granted the order that Israel take all reasonably available measures to prevent genocide. This was predictable as the court has an extensive history of interpreting the crime of genocide. This contribution discusses the legal status of genocide by looking at reports from the International Law Commission, relevant case law of the International Court of Justice and international instruments signed to enforce obligations toward genocide prevention. It provides a much-needed academic summary of the interpretation of genocidal acts as mentioned in the Convention, as well as of the obligations of states toward the prevention of genocide under international law. Such research is relevant as the prevention of genocide remains a priority in the international community.
