Genocides, such as those in Srebrenica and Rwanda, are not a thing of the past, because genocides, despite the ever-repeated words "Never again", are still happening. We are witnessing atrocities in Myanmar above Rohingya, which could be qualified as genocide. The Uighur training camps in China would also qualify a large part of the international public as genocide. In addition to individuals, states can also be held accountable for genocide before the International Court of Justice (ICJ) in The Hague. The Convention on the Prevention and Punishment of the Crime of Genocide and customary international law, including that in the Articles on the State's Responsibility for International Illegal Acts (ARSIWA), are particularly relevant in justifying the international responsibility of the State for genocide. They give rise to primary and secondary obligations that oblige the state to prevent and punish the crime of genocide. The obligation not to commit genocide was interpreted by the International Court of Justice in The Hague from Article I of the Convention on the Prevention and Punishment of the Crime of Genocide in Bosnia and Herzegovina v. Serbia. Determining the international responsibility of the state is important because the state apparatus is mostly responsible for genocide, and in addition to prosecuting individuals, it is also necessary to recognize the responsibility of the state and ensure appropriate reparations.
|