Comment by colordrops
3 days ago
How do you say the court only presides over individuals in one comment, then say it presides over genocides in the next? Genocide is not a crime of the individual.
3 days ago
How do you say the court only presides over individuals in one comment, then say it presides over genocides in the next? Genocide is not a crime of the individual.
That is incorrect. Criminal genocide is an act individuals can commit and be punished for. The ICC has juridsiction over it.
For example, the ICC is currently trying to arrest Omar Al-Bashir, the former president of Sudan, on (among other things) three charges of genocide.
As another example, Ratko Mladić is currently serving a life sentence for (among other charges) genocide. (He was charged at the ICTY not the ICC)
You might be confused because there is also the concept of "state responsibility" for genocide, which is something that countries can be liable for instead of induviduals. The ICC does not preside over state responsibility for genocide. That is the ICJ's area of responsibility. State responsibility for genocide is what the south africa vs Israel case is about. ICJ is kind of like civil court where countries can sue each other vs ICC which is a criminal court that holds individuals accountable. The two concepts are very linked but they are separate, and have differing procedures and standards of evidence. Its possible for the state of Israel to be responsible for genocide without any of its leaders being guilty of comitting criminal genocide, and its also possible for the reverse to be true.