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8 - ‘Other Acts’ of Genocide

Published online by Cambridge University Press:  14 March 2025

William A. Schabas
Affiliation:
Middlesex University, London
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Summary

The paragraphs of article III of the Convention set out four ’other acts’ governed by the Convention: conspiracy: conspiracy to commit genocide, direct and public incitement to commit genocide, attempt to commit genocide, and complicity in genocide. The first three of these are ’inchoate’ offences in that the crime of genocide is not actually committed. If a conspiracy succeeds, the relevant offence is genocide, or complicity in genocide. A conspiracy that does not succeed is punishable under article III. The same holds for attempt and for direct and public incitement. Incitement that results in genocide is punishable as genocide, or complicity in genocide. Complicity in international criminal law is developed in the statutes of the various tribunals and by case law, although there is no unanimity as to its form. The ad hoc tribunals developed a doctrine known as ’joint criminal enterprise’ whereas at the International Criminal Court complicity may be addressed as ’co-perpetration’ or ’indirect co-perpetration’. It is also possible to prosecute genocide under the superior or command responsibility doctrine.

Type
Chapter
Information
Genocide in International Law
The Crime of Crimes
, pp. 363 - 428
Publisher: Cambridge University Press
Print publication year: 2025

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