ICGLR: GFFP: PROTOCOL


GENOCIDE
 Article 2 of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide defines genocide as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group."  If the situation in Darfur is indeed genocide, Article 1 of the Genocide Convention says that the state parties undertake to prevent and to punish it as a crime under international law.   It does not matter that Sudan is not a party to the Genocide Convention, since genocide is an international crime under customary international law, and since states that are parties to the Convention have undertaken to prevent and punish it wherever it may occur.  If there is a dispute between states parties as to whether genocide as defined in the Convention has been committed, any party to the dispute may refer the matter to the International Court of Justice.