Enunciating Genocide: Crime, Rights and the Impact of Judicial Intervention

Enunciating Genocide: Crime, Rights and the Impact of Judicial Intervention As a consequence of recent decisions from the ICJ and the ICTR, it is clear that genocide can be pursued through the international courts both in terms of criminal liability and also rights/responsibility legal paradigms. This article suggests that this duality in possible contexts and processes of judicial determination, while being procedurally problematic, is in keeping with the human rights direction of international criminal justice. In addition, by opening the legal consideration of genocide to questions of individual liability as well as state-sponsored rights abuse, judges are now able to consider the more realistic complexity of genocide atrocity and thereby to address the diverse legitimate interests of victims. Particularly, by enabling and expanding juridical activation as the medium for legally enunciating the Genocide Convention, the determination of genocide and its consequences may benefit from enhanced certainty when reflected against the constitutional legality of the courts. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Enunciating Genocide: Crime, Rights and the Impact of Judicial Intervention

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Publisher
Martinus Nijhoff Publishers
Copyright
© 2013 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/15718123-01301010
Publisher site
See Article on Publisher Site

Abstract

As a consequence of recent decisions from the ICJ and the ICTR, it is clear that genocide can be pursued through the international courts both in terms of criminal liability and also rights/responsibility legal paradigms. This article suggests that this duality in possible contexts and processes of judicial determination, while being procedurally problematic, is in keeping with the human rights direction of international criminal justice. In addition, by opening the legal consideration of genocide to questions of individual liability as well as state-sponsored rights abuse, judges are now able to consider the more realistic complexity of genocide atrocity and thereby to address the diverse legitimate interests of victims. Particularly, by enabling and expanding juridical activation as the medium for legally enunciating the Genocide Convention, the determination of genocide and its consequences may benefit from enhanced certainty when reflected against the constitutional legality of the courts.

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2013

Keywords: genocide; human rights judicial determination; international criminal justice; accountability

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