Application and Interpretation of the Genocide Convention in the Recent Jurisprudence of the International Court Of Justice: Issues of Jurisdiction
Application and Interpretation of the Genocide Convention in the Recent Jurisprudence of the International Court Of Justice: Issues of Jurisdiction

Summary/Abstract: The author analyses certain questions regarding the jurisdiction of the International Court of Justice under the Convention on the Prevention and Punishment of the Crime of Genocide in the most recent cases deliberated before the Court. Special attention is given to the decisions in the cases The Gambia v. Myanmar and Ukraine v. Russian Federation in which the Court discussed issues of a preliminary character relevant for the establishment of its (prima facie) jurisdiction. Hence, the author particularly addresses the questions of the existence of a dispute between the parties, the ratione personae jurisdiction of the Court, the erga omnes character of obligations under the Convention, jus standi of the parties before the Court, the relationship between Articles VIII and IX of the Convention, and the problem of the use of force for the purpose of preventing or punishing genocide. In the author´s opinion, despite the fact that it has not yet been decided on the merits in the analysed cases, the decisions made so far are significant in two ways. On the one hand, they strengthen the Convention in terms of reaffirmation of the prerequisites for the establishment of the jurisdiction of the Court, and, on the other, they contribute to the preservation of the fundamental principles of international law and the rules on State responsibility, as well as to the prevention of future acts of genocide.

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