The “Capacity to Influence”, State Responsibility, and the Obligation to Prevent Genocide
[Jinan Bastaki is Associate Professor of Legal Studies at New York University, Abu Dhabi.] I previously wrote about third-state responsibility for the prevention of genocide in the South Africa v Israel case, where the International Court of Justice (ICJ) affirmed the erga omnes nature of the obligation to prevent, suppress and punish genocide (para. 33). But what does the duty to...