Genocide Cases at the ICJ
How the Court has addressed genocide allegations, from Bosnia to Myanmar to the Gaza proceedings.
The Genocide Convention and ICJ Jurisdiction
Article IX of the 1948 Genocide Convention gives the ICJ jurisdiction over disputes between states relating to the interpretation, application, or fulfilment of the Convention. This compromissory clause has been the basis for several of the ICJ's most important and politically charged cases. Because 153 states are parties to the Convention, the jurisdictional reach is broad.
Genocide cases at the ICJ are fundamentally different from genocide prosecutions at the ICC. The ICJ determines whether a state has violated its obligations under the Convention, not whether individuals are criminally responsible. The Court can find state responsibility for genocide, order reparations, and indicate provisional measures to prevent ongoing genocide.