The Genocide Convention is principally concerned with prosecution of individuals who perpetrate genocide. In articles II and III, the Convention defines the offence. In article IV, it eliminates the defence of official capacity for senior officials and parliamentarians. In article V, the Convention requires States parties to adopt appropriate legislation within their domestic criminal law. Article VI establishes the jurisdictional bases for such prosecutions, and article VII addresses extradition issues. The Convention imposes a number of obligations upon States, for which they can obviously be held accountable. However, it does not explicitly declare that States themselves may be responsible for genocide. Nevertheless, States have often been accused of committing genocide. In fact, given the nature of the crime, it is difficult to conceive of genocide without some form of State complicity or involvement.

According to article IX, disputes concerning ‘the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice’. In its February 2007 judgment on the Bosnian application against Serbia, the Court confirmed that States as well as individuals may commit genocide, Furthermore, it held that article IX of the Convention gives the Court jurisdiction to adjudicate charges by one State that another has perpetrated genocide.