The Domestic Prosecution of Genocide

Abstract:     
Perpetrators of international crimes have increasingly been prosecuted. Whereas the focus is mainly on international criminal courts, it may not be forgotten that the prosecution of international crimes is a duty of the State. The Convention on the Prevention and the Punishment of the Crime of Genocide explicitly provides that States have a duty to prosecute genocide when committed in their territory. In recent years national courts have become more active when judging upon the crime of genocide, spurred by international criminal courts. Nonetheless, the influence is not one-sided from the international criminal tribunals to the national level. National courts have also engaged and criticized decisions of international courts, leading to a dialogue between the national and international level. Furthermore, the national application of the Genocide Convention also leads to a better understanding of the Genocide Convention. By incorporating the crime of genocide into the domestic legal system and applying it the contours of the crime will be fixed. Furthermore, national legislation and court decisions are building blocs of custom. Hence, by studying the national enforcement of the crime of genocide the extent of customary international law in this field may become clarified.

Number of Pages in PDF File: 39

Keywords: Genocide, National implementation of Genocide Convention, Protected groups, Mens rea of genocide, Direct and public incitement to genocide, Complicity in genocide, Jurisdiction over genocide

working papers series