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| I. | Substantive International Law - First Part |
| 7. | LAW OF TREATIES |
| 7.9. | Specific Treaties |
| 7.9.6. | Convention on the Prevention and Punishment of the Crime of Genocide of 1948 |
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Application of the Convention on the Prevention
and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Yugoslavia),
Preliminary Objections, Judgment of 11 July 1996,
I.C.J. Reports 1996, p. 595
[p. 616] 32. The Court now comes to the second proposition advanced
by Yugoslavia, regarding the type of State responsibility envisaged in Article
IX of the Convention. According to Yugoslavia, that Article would only cover the
responsibility flowing from the failure of a State to fulfil its obligations of
prevention and punishment as contemplated by Articles V, VI and VII - on the
other hand, the responsibility of a State for an act of genocide perpetrated by
the State itself would be excluded from the scope of the Convention
The Court would observe that the reference in Article IX to "the
responsibility of a State for genocide or for any of the other acts enumerated
in Article III", does not exclude any form of State responsibility
Nor is the responsibility of a State for acts of its organs excluded b
Article IV of the Convention, which contemplates the commission of act of
genocide by "rulers" or "public officials".
