POL340Y1 Chapter Notes - Chapter 19: Genocide Convention, Reining, Fordham University School Of Law
Document Summary
Darryl robinson, how command responsibility got so complicated: a. Culpability contradiction, its obfuscation, and a simple solution 13. Melbourne journal of international law (2012) 13 melbourne j. int"l l. 1 (http://papers. ssrn. com/sol3/papers. cfm?abstract_id=1950770) Berglind halldorsdottir birkland, reining in non-state actors: state. Responsibility and attribution in cases of genocide (2009) 84 n. y. u. l. Genocide convention aimed to prevent genocide - hasn"t quite done that. Alternative form of accountability: responsibility on state qua state --> will complement individual responsibility. Genocide presupposes governmental campaigns - why we need to address the state"s responsibility. Court determined that serbia had not committed genocide despite well-documented role in massacre of bosnian muslims and other non-serbs in srebrenica. Attribution: test for determining when actions of non-state actors may be attributed to a state for the purposes of imposing liability. Duty upon states to reign in non-state actors over whom they exercise influence --> obligation to prevent genocide. Liability for states failing to take action against someone else"s genocide.
