The legal obligation to prevent genocide
The legal obligation to prevent genocide
As per international law, obligations are binding on all States and third parties, whether or not they have ratified the Genocide Convention
Every person, every state, every corporation has a legal responsibility under international law to prevent AND punish genocide.
As customary international law, such obligations are binding on all States, whether or not they have ratified the Genocide Convention. The ICJ has also concluded that the obligation to prevent genocide contained in Article I of the Genocide Convention has an extraterritorial scope.
The Global Fight for Justice! How Genocide Prevention Became Law
The International Court of Justice (ICJ) has repeatedly stated that the Convention embodies principles that are part of general customary international law. This means that whether or not States have ratified the Genocide Convention, they are all bound as a matter of law by the principle that genocide is a crime prohibited under international law.
All western nations banning protests and threatening arrests, etc. for the public trying to stop genocide are breaking international (and national) laws. It is our duty to prevent, stop, and punish genocide. This means the actions of Yemen, Lebanon, Iraq and Iran in trying to stop genocide are LEGAL!
Convention on the Prevention and Punishment of the Crime of Genocide
(I suggest you download this because US and israel are currently trying to rewrite international law)
Prevent Genocide International
Genocide Convention Fact Sheet
National laws regarding prevention and punishment of genocide in the US and Italy are below. You can research your own national laws regarding genocide at the link below.
International Humanitarian Law Databases ICRC 🔗
I researched US since they own this ongoing genocide and without US the genocide would have stopped in November 2023.
GENOCIDE AND THE RULE OF LAW
USA
Source 🔗Legge italiana 9 ottobre 1967, n.962, Prevenzione e Repressione del delitto di Genocidio (Law on prevention and punishment of the crime of genocide, 1967 Italy)
Obligations of Third States and Corporations to Prevent and Punish Genocide (in Gaza)
Third States must consider that their military or other assistance to Israel’s military operations in Gaza may put them at a risk of being complicit in genocide under the Genocide Convention. Corporations and their managers, directors and other leaders could also be held directly liable for the commission of acts of genocide, as well as war crimes and crimes against humanity. Article VI of the Genocide Convention specifies that ‘persons’ may be held liable for genocidal acts – which include individual businessmen or corporate managers as natural persons and may include corporations as legal persons. While the International Criminal Court (ICC) does not have jurisdiction over legal entities, company personnel as natural persons of States Parties to the Rome Statute may fall under its jurisdiction. Under Article 25(3)(c) of the Rome Statute, the ICC can prosecute those who facilitate the commission of crimes, including through the provision of means. State officials involved in arms exports may be individually criminally liable for aiding and abetting acts of genocide committed by the Israeli government.
I urge civil society orgs, trade unions, scholars, students, civil servants, people of faith, journalists who still have a sense of ethics, ordinary citizens who are paralysed by the horror unleashed against the Palestinians and other people in the region, TO NOT DESPAIR (we cannot afford that luxury). Justice can and will be delivered, if we work alltogether to make it happen. And we will miss intl law when it is no longer there (risk is real). So let's use it. Below are some practical actions you can work on, to make sure our respective governments stop enabling atrocities with our taxes and in our name.
UN experts warn international order on a knife’s edge, urge States to comply with ICJ Advisory Opinion
States must act now. They must listen to voices calling on them to take action to stop Israel’s attacks against the Palestinians and end its unlawful occupation. All States have a legal obligation to comply with the ICJ’s ruling and must promote adherence to norms that protect civilians.
(Now we have expanded to Lebanon with the illegal attacks by US israel of which Lebanon is also illegally occupied by israel. Syria is also being illegally occupied by the US.)
Palestine & Lebanon Have the Right to Defend Themselves Against Israel, w/ Craig Mokhiber
Why Israel Will Face the Same Fate as Apartheid South Africa
At least 25 fierce Israeli airstrikes on Beirut's Southern Suburb in few hours
Lawyer's incredible speech dismantling Israeli occupation of Palestine at The Hague
How the US kept Lebanon's Army drained to protect 'Israel'
The United States and several Western giants have been controlling the armament of the Lebanese Army for years, systematically ensuring that all development opportunities, obtaining needed technologies, and enhancing their combat and military skills to fight and confront the Israeli occupation are obsolete.
I'm with you! But sadly, most laws won't have teeth until after the U.S. finally destroys itself. Until then, most laws aren't binding unless they are in the West's favor.
Thanks for these great resources in legal defence of Palestine, Carina.