Convention on the Prevention and Punishment of the Crime of Genocide

The 1948 Genocide Convention recognizes genocide as an international crime and requires contracting states to prevent and punish it. Under Article II, genocide comprises specified acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.

Protected groups and genocidal intent

Genocide requires both a prohibited act and special intent: the perpetrator must intend to destroy the protected group, wholly or partly, because of its group identity.

• The Convention protects national, ethnical, racial and religious groups; political and social groups are not separately included in its definition.
• The intended destruction must concern the group itself, rather than individuals targeted for reasons unrelated to their membership.
• The intended destruction is physical or biological; destruction of a group's culture alone is not a separate act of genocide under Article II.

Acts constituting genocide

Article II lists five acts. Any one can constitute genocide when accompanied by the required intent; killing is not indispensable.

• Killing members of the group constitutes genocide when accompanied by the required intent.
• Causing serious bodily or mental harm to members of the group constitutes genocide when accompanied by the required intent.
• Deliberately inflicting conditions of life calculated to bring about the group's physical destruction, wholly or partly, constitutes genocide.
• Imposing measures intended to prevent births within the group constitutes genocide.
• Forcibly transferring children of the group to another group constitutes genocide.

Obligations of contracting states

The Convention combines an immediate duty to prevent genocide with legislative, penal, judicial and extradition obligations.

• Under Article I, states undertake to prevent and punish genocide, whether committed in peace or in war.
• The duty to prevent is one of due diligence: when a state knows or should know of a serious risk, it must employ reasonably available means within its capacity to help prevent genocide.
• States must not themselves commit genocide through organs or persons whose conduct is attributable to them under international law.
• Under Article V, states must enact necessary legislation and provide effective penalties for genocide and the related acts listed in Article III.
• Under Articles VI and VII, accused persons must be tried by the competent territorial court or an accepted international penal tribunal; covered acts are not political crimes for extradition, which is governed by applicable laws and treaties.

Punishable conduct and enforcement

The Convention extends responsibility beyond completed genocide and provides procedures for collective and judicial enforcement.

• Article III makes genocide, conspiracy, direct and public incitement, attempt and complicity punishable.
• Under Article IV, constitutionally responsible rulers, public officials and private individuals may all be punished.
• Under Article VIII, a contracting state may call upon competent United Nations organs to take appropriate action under the UN Charter.
• Under Article IX, disputes concerning interpretation, application or fulfilment, including state responsibility, may be submitted to the International Court of Justice at a party's request.