GENOCIDE CONVENTION - INTERNATIONAL

News: ICJ genocide case against Israel: What South Africa argued on Day 1

 

What's in the news?

       The International Court of Justice (ICJ) commenced hearing South Africa’s genocide case against Israel.

 

Key takeaways:

       South Africa has argued that Israel, in its relentless assault on Gaza, has transgressed Article 2 of the 1948 Genocide Convention.

 

Genocide Convention:

       The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is an instrument of international law.

       The Genocide Convention was the first human rights treaty adopted by the General Assembly of the UN on 9 December 1948.

 

Objective:

       It signified the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War.

       Its adoption marked a crucial step towards the development of international human rights and international criminal law as we know it today.

 

Features:

       The Convention stipulates that genocide is a crime that can occur both in times of war and peace.

       It provides a comprehensive definition of genocide, encompassing acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.

       Signatory countries can request relevant UN organs to take necessary actions to prevent and suppress acts of genocide.

       Convention establishes on State Parties the obligation to take measures to prevent and to punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals” (Article IV).

 

Key Articles:

       Article I - prevent genocide and punish genocide.

       Article II - defines the term “genocide” to mean “acts committed with intent to destroy, wholly or partly, a national, ethnic, racial, or religious group”.

       Article V - enact legislation to give effect to the convention, effective penalties for those guilty of the crime.

       Article VI - try those charged with genocide in a competent tribunal.

 

Members:

       More than 150 countries were the parties to the convention.

       India is a signatory to this convention.

 

Acts constitute Genocide:

The Convention specifies five acts that constitute genocide:

       Killing members of the group.

       Causing serious bodily or mental harm to members of the group.

       Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.

       Imposing measures intended to prevent births within the group.

       Forcibly transferring children of the group to another group.