Book contents
- Genocide in International Law
- Genocide in International Law
- Copyright page
- Dedication
- Contents
- Preface to the First Edition
- Acknowledgements
- Abbreviations
- Introduction
- 1 Origins of the Legal Prohibition of Genocide
- 2 Drafting of the Genocide Convention
- 3 Subsequent Normative Developments
- 4 Groups Protected by the Convention
- 5 The Specific Intent to Commit Genocide
- 6 Punishable Acts of Genocide
- 7 Cultural Genocide, Ethnic Cleansing and Other Acts Not Punishable under the Convention
- 8 ‘Other Acts’ of Genocide
- 9 Defences to Genocide
- 10 The Duty to Punish Genocide
- 11 Prosecution of Genocide by International Criminal Tribunals
- 12 State Responsibility and the Role of the International Court of Justice
- 13 Prevention of Genocide
- 14 Activity of International Organizations
- 15 Treaty Law Questions and the Convention
- Conclusions
- Bibliography
- Index
8 - ‘Other Acts’ of Genocide
Published online by Cambridge University Press: 14 March 2025
- Genocide in International Law
- Genocide in International Law
- Copyright page
- Dedication
- Contents
- Preface to the First Edition
- Acknowledgements
- Abbreviations
- Introduction
- 1 Origins of the Legal Prohibition of Genocide
- 2 Drafting of the Genocide Convention
- 3 Subsequent Normative Developments
- 4 Groups Protected by the Convention
- 5 The Specific Intent to Commit Genocide
- 6 Punishable Acts of Genocide
- 7 Cultural Genocide, Ethnic Cleansing and Other Acts Not Punishable under the Convention
- 8 ‘Other Acts’ of Genocide
- 9 Defences to Genocide
- 10 The Duty to Punish Genocide
- 11 Prosecution of Genocide by International Criminal Tribunals
- 12 State Responsibility and the Role of the International Court of Justice
- 13 Prevention of Genocide
- 14 Activity of International Organizations
- 15 Treaty Law Questions and the Convention
- Conclusions
- Bibliography
- Index
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.
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- Genocide in International LawThe Crime of Crimes, pp. 363 - 428Publisher: Cambridge University PressPrint publication year: 2025