Anosova Y. The Jurisdiction of the International Judicial Bodies over the Crime of Genocide

The dissertation explores jurisdiction of the international criminal courts and the International Court of Justice over the crime of genocide under the integrative approach to responsibility of individuals and states in international law. The conceptual approaches to the understanding of the concept of jurisdiction of the international judicial bodies are analysed. The complex nature of the Genocide Convention is highlighted. The interpretation of the elements of crime of genocide by the international courts is explored. The historical overview of the Genocide Convention adoption process is presented as well as the characteristic of the content of its jurisdictional provisions of the Articles 6 and 9. The new ways of the application of Article 6 of the Genocide Convention are offered, which might be used for “reinforcement” of the jurisdiction of the International Criminal Court for the crime of genocide. The jurisdiction of the international criminal courts under the components ratione personae, ratione loci, ratione temporis is explored. In the context of the jurisdiction ratione personae of the international criminal courts, forms of liability for the crime of genocide are analysed in detail. It is claimed that the International Court of Justice, with its jurisdiction based on “compromissory clause” of Article 9 of the Genocide Convention, might be regarded as an effective mechanism for holding states responsible for genocide. The jurisdiction of the International Court of Justice under the components ratione personae, ratione materiae, ratione loci and ratione temporis is analysed in detail. Taking into account the aforementioned analysis, it is concluded that in contemporary international law there is a tendency for approximation of the regimes of state and individual responsibility for the crime of genocide.