Genocide in the ICJ: should States be obliged to hold each other accountable?

This paper examines the legal obligations of States under the Genocide Convention to hold each other accountable for the crime of genocide. It explores whether the interstate complaint mechanism of Article IX should be interpreted as a duty rather than a right, analysing international jurisprudence, particularly the International Court of Justice’s (ICJ) evolving stance on State responsibility. By evaluating contemporary cases, including the Gambia v. Myanmar and South Africa v. Israel, this study argues that the duty to prevent genocide inherently includes the obligation to invoke international legal mechanisms against potential violators. The research identifies both objective and subjective factors that influence the applicability of this duty, considering jurisdictional constraints, State influence, and the role of international law in enforcing compliance. Ultimately, this paper contributes to the ongoing discourse on strengthening global legal frameworks to prevent mass atrocities.