After World War II, genocide repeatedly became the subject of consideration in international judicial institutions. Two types of international judicial institutions have jurisdiction over the crime of genocide: international criminal courts and tribunals on the individual criminal responsibility of individuals for the crime of genocide, and the International Court of Justice (ICJ) on disputes between States concerning the application, interpretation and execution of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
In fact, the first case of genocide proven by an international criminal tribunal was the Holocaust, although the verdict of the International Military Tribunal at Nuremberg qualified these crimes as crimes against humanity.
The convictions for the crime of genocide against the Tutsi people were handed down to Jean-Paul Akayesu and Jean Kambanda in 1998 by the International Criminal Tribunal for Rwanda. The International Criminal Tribunal for the former Yugoslavia found Radislav Krstic (2001) and Ratko Mladic (2017) guilty of genocide in Srebrenica.
Today, the International Criminal Court is investigating several cases of genocide. Back in 2010, the ICC issued a second arrest warrant for Omar al-Bashir, further characterizing al-Bashir's actions as genocide against the For, Masalit and Zaghawa ethnic groups in connection with the genocide in Darfur.
In 2007, in the case of Bosnia and Herzegovina v. Serbia and Montenegro concerning the application of the 1948 Convention, the International Court of Justice recognized as acts of genocide the actions committed by members of the so-called "Armed Forces of Republika Srpska" ("Drina Corps"), in particular in Srebrenica in 1995, which aimed to partially destroy the Muslim group of Bosnia and Herzegovina as such. However, the Court was unable to establish a connection between the actions of the so-called "Armed Forces of Republika Srpska" and the State of Serbia.
In its Decision of 3 February 2015 in the case of Croatia v. Serbia concerning the application of the 1948 Convention, the UN ICJ rejected the mutual claims of Serbia and Croatia regarding genocide, recognizing that the parties had not proven the presence of genocidal intent (dolus specialis) in the actions of the armed forces and irregular armed formations under their control.
In the case of Gambia v. Myanmar concerning the application of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, jurisdiction to consider which was recognized in July 2022, the UN ICJ obliged Myanmar to comply with the provisional measures introduced, ensuring the prevention of any actions against members of the Rohingya group that allegedly constitute the crime of genocide under the 1948 Convention.
After the full-scale invasion began, Ukraine filed a case against Russia at the UN ICJ over false accusations of genocide under the 1948 Convention, which Russia used as a pretext for the invasion. 32 states joined the case in support of Ukraine’s arguments. In March 2022, the UN ICJ issued a decision on the application of provisional measures, ordering Russia to cease its armed invasion and withdraw all armed formations under its control. In February 2024, the Court recognized its jurisdiction over the case.
In January 2024, the Republic of South Africa filed a claim with the UN ICJ against Israel regarding the latter's possible violation of the 1948 Convention during the operation against Hamas in the Gaza Strip and the exercise of the right of self-defense after the events of October 7, 2023.
In March 2024, proceedings were initiated at the International Court of Justice by Nicaragua, which claims an alleged violation by Germany of its obligations under the Genocide Convention in connection with Germany's provision of political, financial and military support to Israel in its fight against Hamas in the Gaza Strip.
Anton Korynevych,
Ambassador at Large
of the Ministry of Foreign Affairs of Ukraine,
Candidate of Law, Associate Professor,
Honored Lawyer of Ukraine
The accused in the dock during a session of the International Military Tribunal in Nuremberg. Photo: United States Holocaust Memorial Museum
Trial in the "Butare case" at the International Criminal Tribunal for Rwanda
https://unictr.irmct.org/en/tribunal
The International Criminal Tribunal for the Former Yugoslavia has convicted Radovan Karadžić of crimes in Bosnia and Herzegovina, including the crime of genocide
https://www.nytimes.com/2016/03/25/world/europe/radovan-karadzic-verdict.html
Case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
https://justiceinconflict.org/2014/04/01/a-futile-endeavour-croatia-v-serbia-at-the-icj/
Start of hearings at the International Court of Justice in the case on the application of the Convention on the Prevention and Punishment of the Crime of Genocide "Gambia v. Myanmar" (12.10.2019)
https://dam.media.un.org/asset-management/2AM9LODC10OA?FR_=1&W=1463&H=741
Meeting at the UN ICJ on March 7, 2022 on the appointment of provisional measures in the case "On false accusations of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide" (Ukraine v. Russia)
https://www.icj-cij.org/multimedia-cases
Speech by Ambassador Extraordinary and Plenipotentiary of the Ministry of Foreign Affairs of Ukraine Anton Korynevych at the UN ICJ on March 7, 2022 during the meeting on the appointment of provisional measures in the case "Regarding false allegations of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide" (Ukraine v. Russia)