A RESPONSABILIZAÇÃO DOS ESTADOS EM CASOS DE GENOCÍDIO

Abstract

This work analyzes State responsibility in the context of genocide, focusing on international obligations, the legal definition of genocide, and the practical consequences of its violation. Initially, the study addresses the historical and legal aspects of the concept of genocide, exploring the origins and significance of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The creation of the term "genocide" by Raphael Lemkin introduced a novel perspective in international law, highlighting the need to hold States and individuals accountable for acts aimed at the total or partial destruction of specific groups. Thus, it is observed that the Convention marked a significant advancement in human rights protection and established a universal obligation for States to prevent and punish this crime. Subsequently, the paper explores the practical application of these responsibilities, with emphasis on the case of the Srebrenica genocide during the Bosnian War (1992-1995). The decision of the International Court of Justice (ICJ), which held Serbia accountable for failing to prevent genocide, and the judgment of the International Criminal Tribunal for the former Yugoslavia (ICTY), which convicted General Radislav Krstić for genocide, serve as landmarks in both State and individual accountability for genocide. The analysis of this case underscores the importance of joint action by States and the international community in preventing future genocides and reinforces the need for a robust legal framework to ensure justice and reparation for the victims of such crimes.