Committed by abstract entities: state responsibility and genocidal intent
thesis
posted on 2017-02-23, 23:11authored bySmith, Robin Michael
In 2007, the International Court of Justice found that States could be found responsible for acts of genocide under the Genocide Convention. This thesis considers how genocidal intent can be ascribed to a State. The thesis first identifies the tests used by the ICJ and the Darfur Commission to ascribe genocidal intent to the State and then develops these tests with reference to doctrines of international law and international criminal law. The thesis then argues that a vicarious liability test is inappropriate and proposes limiting officials whose actions can be ascribed to the State to those in senior leadership positions.