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

24 Pages Posted: 10 Sep 2012

See all articles by Mark Findlay

Mark Findlay

Singapore Management University - Yong Pung How School of Law; Singapore Management University - Centre for AI & Data Governance

Date Written: September 9, 2012

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 paper 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, the elaboration of judicial narrative and the accretion of argued and judicially deliberated jurisprudence in criminal and human rights jurisdictions.

Keywords: Genocide, Human rights, Judicial determination, International criminal justice, Accountability

JEL Classification: K10, K14, K30, K33

Suggested Citation

Findlay, Mark James, Enunciating Genocide: Crime, Rights and the Impact of Judicial Intervention (September 9, 2012). Sydney Law School Research Paper No. 12/65, Available at SSRN: https://ssrn.com/abstract=2143970

Mark James Findlay (Contact Author)

Singapore Management University - Yong Pung How School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

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