On June 14, 2024, a thought-provoking brown bag discussion took place on the topic “The Crime of Genocide: Individual and State Responsibility.” The session explored the complex interplay between personal accountability and State obligations in the context of genocide.

The ongoing legal procedures in the International Court of Justice (ICJ) and the International Criminal Court (ICC) regarding the situation in Palestine/Israel relating to genocide and crimes against humanity was the starting point for the discussion. The presentation first explained the elements of a crime and the importance of the mental element of a crime, particularly the requirement of ‘intent’ for the crime of genocide. It was briefly noted that genocide, crimes against humanity, war crimes and the crime of aggression are recognized in international law as ‘international crimes’. The definition of genocide according to the Genocide Convention of 1948 and the ICC Statute of 2002 were presented alongside the legal frameworks established by these agreements, and the challenges in prosecuting individuals and holding States accountable. The typology of criminal courts and tribunals that deal with international crimes, and a brief overview of successful prosecutions in the past that led to individuals being convicted for the crime of genocide, as well as the cases recently initiated against individuals and States were also covered.

The discussion emphasized the need for robust international cooperation and the importance of early intervention and prevention measures. Participants left with a deeper understanding of the mechanisms for justice and the ongoing efforts to combat impunity in cases of genocide.