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Part IV The Repression of the Crime of Genocide, 11 National Criminal Jurisdiction Over Genocide

Vanessa Thalmann

From: The UN Genocide Convention: A Commentary

Edited By: Paola Gaeta

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Jurisdiction of states, territoriality principle — Sovereignty — Jurisdiction of states, nationality principle — Jurisdiction of states, passive personality principle — Jurisdiction of states, universality principle — Genocide
Article VI of the Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter the ‘Genocide Convention’ or ‘the Convention’), establishes the jurisdictional basis for prosecutions over genocide. It recognizes two jurisdictions: national territorial jurisdiction and international jurisdiction. Thus, in relation to states, this article only provides for territorial jurisdiction over genocide. The analysis of the travaux préparatoires shows that most states were firmly opposed to the universality principle. Although territoriality is a widely...
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