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Reservations To The Convention On The Prevention and Punishment of The CRIME OF GENOCIDE (Advisory Opinion of 28 May 1951)
Reservations To The Convention On The Prevention and Punishment of The CRIME OF GENOCIDE (Advisory Opinion of 28 May 1951)
Reservations To The Convention On The Prevention and Punishment of The CRIME OF GENOCIDE (Advisory Opinion of 28 May 1951)
Article 3 defines the crimes that can be punished under the convention:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Competence of ICJ
Arguments:
I. making of an objection to a reservation made by a State to the Convention constitutes a dispute and the Court
should refrain from replying to Questions I and II;
II. the request for an opinion would constitute an inadmissible interference by the General Assembly and by States,
which are not ratified this Convention in the interpretation of the Convention. Only States, whit are already ratified
this Convention are entitled to interpret it.
III. under Article IX of the Genocide Convention disputes relating to the interpretation, application of fulfilment
shall be submitted to the ICJ at the request of any of the parties to the dispute. But there is no dispute in the present
case.
Courts findings:
I. under provision of Article 65 of the Statute of ICJ, the Court has the power to decide whether the circumstances
of a particular case are such as to lead the Court to decline to reply to the request for an Opinion. The object is to
guide the United Nations in respect of its own actionGeneral Assembly and the Secretary-General have an
interest in knowing the legal effects of reservations to that Convention and the legal effects of objections to such
reservations.
II. the power of the General Assembly to request an Advisory Opinion from the Court in no way impairs the
inherent right of States parties to the Convention in the matter of its interpretation.
The right is independent of the General Assemblys power and is exercisable in a parallel direction.
III. the existence of a procedure for the settlement of disputes does not in itself exclude the Courts advisory
jurisdiction. Under Article 96 of UN Charter the General Assembly and the Security Council has the right to
request ICJ to give an Advisory Opinion on any legal question.
Court decides:
I. a State which has made a reservation which has been objected to by one or more of the parties to the Convention
but not by others, can be regarded as being a party to the Convention if the reservation is compatible with the
object and purpose of the Convention; otherwise, that State cannot be regarded as being a party to the Convention.
II. a) if a party to the Convention objects to a reservation which it considers to be incompatible with the object and
purpose of the Convention, it can in fact consider that the reserving State is not a party to the Convention;
b) if a party accepts the reservation as being compatible with the object and purpose of the Convention, it can
consider that the reserving State is a party to the Convention;
III. a) an objection to a reservation made by a signatory State which has not yet ratified the convention can have the
legal effect only upon ratification;
b) an objection to a reservation made by a State which is entitled to sign or accede but which has not yet done so is
without legal effect.
Dissenting opinions