Genocide and International Justice: Human Rights Obligations and the Ongoing Impunity in Modern Conflicts

ABSTRACT

This article explores the ongoing disparity between the international legal prohibition of genocide and the persistent impunity observed in contemporary conflicts. While genocide is firmly established as a peremptory norm of international law, imposing clear obligations on states to prevent and punish its occurrence, enforcement remains inconsistent and often highly politicised. The article examines the legal framework surrounding genocide, with a particular focus on state responsibility under the Genocide Convention and its relationship with international human rights law. It critically assesses the effectiveness and limitations of international justice mechanisms, such as the International Criminal Court, ad hoc tribunals, and the application of universal jurisdiction. Through the analysis of select contemporary case studies, notably in Syria and Myanmar, the article illustrates how political constraints, jurisdictional barriers, and issues of state sovereignty continue to hinder accountability for genocide. It argues that the issue of impunity stems not from deficiencies in legal norms, but from failures in implementation and a lack of political will. In conclusion, the article proposes targeted reforms designed to bridge accountability gaps. These reform suggestions include limiting the use of veto powers in situations involving atrocities, strengthening universal jurisdiction, and enhancing the institutional framework of international criminal justice mechanism.