Prosecution of the crime of genocide: analysing the system of proof in the Rome Statute

Abstract

Since its inception in 2002, the International Criminal Court (ICC) has notably not secured even a single conviction, specifically for the crime of genocide, despite a number of individuals being charged. The prosecution of genocide before the ICC presents significant challenges, particularly in establishing genocidal intent, a requirement for conviction. The problem is that, while the Convention on Prevention and Punishment of Genocide 1951, as well as the Rome Statute 2002 have defined the International Crime of Genocide and set out its criteria, the ICC has found it difficult to prove genocidal intent in the case of many individuals charged with the same crime. This paper seeks to establish the reason why the ICC fails to convict genocide criminals despite prosecuting so many. The research will use the collective theory of genocidal intent selected because it offers a comprehensive approach to proving genocide. It posits that, when trying to establish genocidal intent, the coordinated actions of groups should be taken into account rather than focusing solely on the actions of individual actors. This study covers relevant provisions from international legal instruments on genocide, international criminal courts' jurisprudence, literature regarding genocidal intent; to provide an in-depth analysis of genocide and its system of proof. A doctrinal research methodology will be employed. The research hopes to provide insights on the conceptualization of the international crime of genocide and how its understanding determines trial outcomes.