Abstract

FARINELLA, Favio. Quo usque tandem! An interpretation of “genocide” that deprives the Convention of its appropriate effects. Rev. Fac. Der. [online]. 2016, n.41, pp.103-124. ISSN 0797-8316.  https://doi.org/10.22187/rfd201625.

In its recent judgment on the case “Application of the Convention for the Prevention and Punishment of the Crime of Genocide”, the International Court of Justice missed a historic opportunity to extend the margin of appreciation regarding the protection of individuals and Humanity. The ICJ consolidates a strict and restricted interpretation of the crime of genocide, contrary to the principles of International Human Rights Law and the precedents of the courts specialized in International Humanitarian Law and International Criminal Law. The opinion of the majority the defense of State sovereignty is placed above the humanitarian obligations of the State and gross violations of human rights. In Cançado Trindade’s words, the reason of State (raison d'Etat) prevailed over reasons of Humanity. This paper is intended to demonstrate that the interpretation of the crime of genocide by the ICJ deprives the thematic Convention of its appropriate effects which must be aimed at the protection of the human being.

Keywords : sovereignty; human rights; genocide; International Court of Justice; International Criminal Law.

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