Since 2019, the International Court of Justice (ICJ) has been perceived as a viable instrument for stopping ongoing genocides after the UN political organs have failed to take effective actions to that effect. Thus, under Article IX of the Genocide Convention (1948), South Africa took Israel to the ICJ alleging genocide against the Palestinians in Gaza after Israel’s defiance of the resolutions issued by the Security Council and General Assembly. On 26 January, the ICJ issued an order on provisional measures against Israel. Many expected this order and even described it as a foregone conclusion. By contrast, an affirmative finding from the Court regarding the commission of genocide in Gaza has been described by many as certainly unlikely. The main reason put forward by proponents of that opinion is the very high threshold that the ICJ requires for proving ‘genocidal intent’, as it requires proof that the intent is ‘the only reasonable inference’ drawn from the evidence. Despite the recent report of the UN…
International Criminal Tribunal for Rwanda
First and Second Degree Genocide? Considering a Case for Bifurcation of the Law
At its inception, the crime of genocide, which broadly concerns criminal conduct targeted at a group, was generally seen as somehow more culpable or aggravated than international crimes targeted at an individual. Critical opposition to that view exists (See Milanović on the Karadžić and Mladić Trial Chamber judgments). Contemporary application, however, of the law continues to…
Extradition: English Court refuses to extradite alleged génocidaires to Rwanda–will a domestic prosecution follow?
The Divisional Court of England and Wales has dismissed the appeal of the Government of Rwanda in the high-profile extradition proceedings against five alleged génocidaires in the case of Rwanda v Nteziryayo and ors. The men will not be extradited to Rwanda to stand trial for genocide and it now appears that, if they are to be tried…
‘Legacy Talk’ at the International Criminal Tribunal for Rwanda
As mentioned in Marko Milanovic’s recent post, the American Journal of International Law will soon publish a Symposium at the occasion of the closure of the ad hoc tribunals. Marko’s article considers the impact of the International Criminal Tribunal for the former Yugoslavia (ICTY). We were asked to reflect upon the legacy and impact of the International…